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Articles 1 - 19 of 19
Full-Text Articles in Law
Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry
Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry
Pepperdine Law Review
No abstract provided.
The Locke Exception: What Trinity Lutheran Means For The Future Of State Blaine Amendments, Christopher Tyler Prosser
The Locke Exception: What Trinity Lutheran Means For The Future Of State Blaine Amendments, Christopher Tyler Prosser
Pepperdine Law Review
At its core, this Article is about whether states have the discretion to discriminate against religious organizations by excluding them from generally available secular government aid programs. In the wake of the Supreme Court’s 2004 decision in Locke v. Davey, the federal courts have developed conflicting interpretations of whether the Court’s holding in Locke permits states to exclude religious organizations from generally available secular aid programs. However, the Court’s 2017 decision in Trinity Lutheran v. Comer has cast doubt on the ability of states to exclude religious organizations from such programs and seemingly restricts the Court’s prior decision in Locke …
The [Un]Fair Debt Collection Practices Act: A Critique Of Henson V. Santander, Monica Paladini
The [Un]Fair Debt Collection Practices Act: A Critique Of Henson V. Santander, Monica Paladini
Pepperdine Law Review
Congress was clear about its purposes and motivations behind enacting the Fair Debt Collection Practices Act of 1977. Namely, it set out to protect consumers from abusive debt collectors and to protect ethical debt collectors from being competitively disadvantaged by those who employ abusive tactics. Although Congress gave much time and effort to crafting the definition of “debt collectors” at the time of the Act’s passage, changes in the debt collection industry over the last four decades have greatly impacted the scope and reach of the FDCPA. Specifically, the advent and rise of debt purchasing have introduced an entirely new …
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty
Pepperdine Law Review
Genocide has been called the “crime of crimes.” That superlative is well-stated. Genocide is the intentional destruction of an entire people—a worse crime is almost beyond comprehension. The very word conjures some of the most horrific images in recorded history. And yet our legal understanding of this most-important crime is limited. Because the crime of genocide requires specific intent, even horrific atrocities will not qualify as genocide as a matter of law if done for a purpose other than the intended destruction of a target group. Thus whether actions qualify as genocide and what type of evidence is sufficient to …
Digital Realty, Legislative History, And Textualism After Scalia, Michael Francus
Digital Realty, Legislative History, And Textualism After Scalia, Michael Francus
Pepperdine Law Review
There is a shift afoot in textualism. The New Textualism of Justice Scalia is evolving in response to a new wave of criticism. That criticism presses on the tension between Justice Scalia’s commitment to faithful agency (effecting the legislature’s will) and his rejection of legislative history in the name of ordinary meaning (which ignores legislative will). And it has caused some textualists to shift away from faithful agency, even to the point of abandoning it as textualism’s grounding principle. But this shift has gone unnoticed. It has yet to be identified or described, let alone defended, even as academic and …
Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison
Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison
Pepperdine Law Review
In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an altered proof framework for plaintiffs seeking an accommodation. The paper also explores the conflict between employee privacy rights and classic proof requirements for religious sincerity. The lower courts have largely failed to apprehend the change mandated by Abercrombie, with the result that their opinions are in disarray. The paper includes a chart organizing the diverse lower court opinions.
Securities Treatment Of Tokenized Offerings Under U.S. Law, Carol Goforth
Securities Treatment Of Tokenized Offerings Under U.S. Law, Carol Goforth
Pepperdine Law Review
This article considers how the SEC currently approaches the question of regulating cryptoassets and ICOs. It includes a brief overview and history of cryptotransactions (including problems of terminology), and then looks at the current crypto space to consider the kinds of interests being promoted today in comparison to Bitcoin and the original altcoins. It then examines the traditional approach taken by the SEC with regard to these interests and explains briefly the kinds of compliant offerings that are currently possible. It then covers the range of reasons why a specialized regulatory approach is called for, rather than simply relying on …
Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry
Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry
Pepperdine Law Review
No abstract provided.
Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick
Star Athletica Tells The Fashion Industry To Knock-It-Off With The Knockoffs, Samantha Burdick
Pepperdine Law Review
At any given fast fashion store, there may be a near exact replica of a ‘designer’ clothing item that sells for four times less than the amount it would at a luxury retailer. Wait—isn’t that illegal? After the Supreme Court’s landmark separability test created in Star Athletica, the answer may soon be yes. Fast fashion chains make their money exploiting the historical lack of copyright protection in the fashion industry. Lamps, shoes, and clothes have long been held ineligible for copyright protection because the utilitarian features are inseparable from the artistic. In other words, the part of clothing that is …
The Court Can’T Even Handle Me Right Now: The Arpaio Pardon And Its Effect On The Scope Of Presidential Pardons, Tyler Brown
The Court Can’T Even Handle Me Right Now: The Arpaio Pardon And Its Effect On The Scope Of Presidential Pardons, Tyler Brown
Pepperdine Law Review
The Constitution grants the president the power to pardon individuals for offenses against the United States. Courts have interpreted this power broadly, and the American public has historically accepted its use, even in the face of several controversial pardons over the last five decades. However, after President Trump pardoned Joe Arpaio—a former Arizona sheriff who was held in criminal contempt of court for continuing to illegally detain suspected undocumented immigrants—scholars, activists, and political figures questioned whether this pardon was unconstitutional. This Comment discusses the Court’s interpretation of the pardoning power, controversial pardons in modern history, and the details of the …
Taxing The Robots, Orly Mazur
Taxing The Robots, Orly Mazur
Pepperdine Law Review
Robots and other artificial intelligence-based technologies are increasingly outperforming humans in jobs previously thought safe from automation. This has led to growing concerns about the future of jobs, wages, economic equality, and government revenues. To address these issues, there have been multiple calls around the world to tax the robots. Although the concerns that have led to the recent robot tax proposals may be valid, this Article cautions against the use of a robot tax. It argues that a tax that singles out robots is the wrong tool to address these critical issues and warns of the unintended consequences of …
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Pepperdine Law Review
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …
“It Ain’T So Much The Things We Don’T Know That Get Us In Trouble. It’S The Things We Know That Ain’T So”: The Dubious Intellectual Foundations Of The Claim That “Hate Speech” Causes Political Violence, Gordon Danning
Pepperdine Law Review
The United States is an outlier in its legal protection for what is commonly termed “hate speech.” Proponents of bringing American jurisprudence closer to the international norm often argue that hate speech causes violence, particularly political violence. However, such claims largely rest on assumptions which are inconsistent with social scientists’ understanding of the causes of political violence, including that ethnic identity and ideological salience are more often the result of violence than a cause thereof; that violence during conflict is generally unrelated to the conflict’s ostensible central cleavage; and that violence is generally instrumental and elite-driven, rather than spontaneous and …
Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry
Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry
Pepperdine Law Review
No abstract provided.
When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman
When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman
Pepperdine Law Review
In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in supporting terrorism, …
Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith
Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith
Pepperdine Law Review
The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.
Pacta Sunt Servanda State Legalization Of Marijuana And Subnational Violations Of International Treaties: A Historical Perspective, Brian M. Blumenfeld
Pacta Sunt Servanda State Legalization Of Marijuana And Subnational Violations Of International Treaties: A Historical Perspective, Brian M. Blumenfeld
Pepperdine Law Review
In November 2012, voters in the states of Colorado and Washington passed ballot initiatives to legalize recreational marijuana industries. Since then, eight additional states and the District of Columbia have followed suit, and many more have seen legalization debates in their legislative halls and among their electorates. Over twenty bills recently introduced in Congress have sought to break federal marijuana laws away from prohibition. Although the national debate is indeed a vibrant one, it has neglected to address how legalization may be jeopardizing the compliance status of the United States under international drug treaties, and what the consequences may be …
The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti
The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti
Pepperdine Law Review
Does the Second Amendment protect commerce in firearms? The simple answer is: yes, to an extent. An individual’s right to possess and use a gun for self-defense in the home is black-letter law after District of Columbia v. Heller. The right to possess and use a gun requires the ability to obtain a gun, ammunition, and firearms training. Therefore, gun dealers, servicers, and training providers receive some constitutional protection as facilitators of their customers’ Second Amendment rights. Whether these constitutional rights belong to firearms-related businesses independently of their customers is unclear. The scope of the Second Amendment matters as recent, …
Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume
Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume
Pepperdine Law Review
The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force …