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State and Local Government Law

Pepperdine University

California

Pepperdine Law Review

Publication Year

Articles 1 - 25 of 25

Full-Text Articles in Law

Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz Apr 2014

Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz

Pepperdine Law Review

No abstract provided.


Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud Apr 2014

Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud

Pepperdine Law Review

No abstract provided.


Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner May 2013

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.


The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr. May 2013

The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.

Pepperdine Law Review

No abstract provided.


Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West May 2013

Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West

Pepperdine Law Review

No abstract provided.


Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer Feb 2013

Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer

Pepperdine Law Review

Joint custody of children has been a recently accepted alternative to the traditional child custody/visitation orders that usually follow dissolution proceedings. In 1980, California became one of the first states to provide, by statute, a presumption in favor of an award of joint custody to the parents. The authors present the legislative history of this joint custody statute and synthesize the various views that have been expressed on the subject of joint custody. Also presented is a discussion of the legislative intent behind the statute and whether the current law is the most effective means of protecting the best interests …


Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth Feb 2013

Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth

Pepperdine Law Review

No abstract provided.


State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena Feb 2013

State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena

Pepperdine Law Review

California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.


Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth Feb 2013

Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth

Pepperdine Law Review

On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.


The Legality Of California Development Fees, Erik B. Michelsen Jan 2013

The Legality Of California Development Fees, Erik B. Michelsen

Pepperdine Law Review

No abstract provided.


Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe Jan 2013

Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe

Pepperdine Law Review

No abstract provided.


Recent Developments In Alternative Dispute Resolution , Lee R. Petillon Jan 2013

Recent Developments In Alternative Dispute Resolution , Lee R. Petillon

Pepperdine Law Review

No abstract provided.


The Changing Face Of Mary Carter Agreements In California: The Aftermath Of Abbott Ford And Proposition 51, Thomas M. Gross Jan 2013

The Changing Face Of Mary Carter Agreements In California: The Aftermath Of Abbott Ford And Proposition 51, Thomas M. Gross

Pepperdine Law Review

No abstract provided.


California Liquor Liability: A Decade After Coulter V. Superior Court , Darla R. Desteiguer Jan 2013

California Liquor Liability: A Decade After Coulter V. Superior Court , Darla R. Desteiguer

Pepperdine Law Review

No abstract provided.


The Best Interest Of The Child And The Law , Christian Reichel Van Deusen Nov 2012

The Best Interest Of The Child And The Law , Christian Reichel Van Deusen

Pepperdine Law Review

No abstract provided.


The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner Nov 2012

The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner

Pepperdine Law Review

No abstract provided.


Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg Nov 2012

Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg

Pepperdine Law Review

No abstract provided.


Collateral Participant Liability Under State Securities Laws, Douglas M. Branson Nov 2012

Collateral Participant Liability Under State Securities Laws, Douglas M. Branson

Pepperdine Law Review

No abstract provided.


California's Constitutional Right To Privacy, J. Clark Kelso Nov 2012

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.


California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks Nov 2012

California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks

Pepperdine Law Review

No abstract provided.


Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk Nov 2012

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk

Pepperdine Law Review

No abstract provided.


Administrative Mandamus As A Prerequisite To Inverse Condemnation: "Healing" California's Confused Takings Law , Sharon L. Browne Nov 2012

Administrative Mandamus As A Prerequisite To Inverse Condemnation: "Healing" California's Confused Takings Law , Sharon L. Browne

Pepperdine Law Review

This article addresses and reviews the distinctions in purpose and scope between actions for inverse condemnation and petitions for administrative writs, traces the blending of these two very different instruments by the California courts, and shows how this policy has subverted constitutional rights in California.


Reforming California's Homicide Law, Charles L. Hobson Oct 2012

Reforming California's Homicide Law, Charles L. Hobson

Pepperdine Law Review

No abstract provided.


Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian Oct 2012

Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian

Pepperdine Law Review

No abstract provided.


Populism, Politics, And Procedure: The Saga Of Summary Judgment And The Rulemaking Process In California, Glenn S. Koppel Oct 2012

Populism, Politics, And Procedure: The Saga Of Summary Judgment And The Rulemaking Process In California, Glenn S. Koppel

Pepperdine Law Review

The California Constitution gives the primary power to promulgate rules of civil procedure for the state courts to the legislature and the people, leaving the state’s Judicial Council with residual, or secondary, authority to adopt rules of procedure and court administration “when and where the higher authority of the Legislature and the people has not been exercised.” This Article demonstrates how this legislative rulemaking process, referred to herein as “legislative primacy,” does not work because, as of the writing of this article in 1997, it produced ineffective statutory summary judgment law.