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2012

Courts

United States Supreme Court

Pepperdine University

Articles 1 - 19 of 19

Full-Text Articles in Law

Determining Notoriety In Supreme Court Decisions , G. Edward White Aug 2012

Determining Notoriety In Supreme Court Decisions , G. Edward White

Pepperdine Law Review

No abstract provided.


Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr. Aug 2012

Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr.

Pepperdine Law Review

No abstract provided.


Redeeming Erie: A Response To Suzanna Sherry , Donald Earl Childress Iii Aug 2012

Redeeming Erie: A Response To Suzanna Sherry , Donald Earl Childress Iii

Pepperdine Law Review

No abstract provided.


Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry Aug 2012

Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry

Pepperdine Law Review

This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude Rains’s memorable line in Casablanca: “Round up the usual suspects.” Two things saved this symposium from that fate. First, each of the usual suspects was appointed defense counsel, which made things more interesting. Second, a new face found its way into the line-up: Erie Railroad v. Tompkins. My goal in this essay is to explain why Erie is in fact guiltier than all of the …


A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald Aug 2012

A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald

Pepperdine Law Review

A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.


Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar Aug 2012

Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar

Pepperdine Law Review

The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.


Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman Aug 2012

Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman

Pepperdine Law Review

When thinking about Dred Scott, the issue is not how do we “rehabilitate” the opinion. The goal of scholarship here is to understand the opinion, place it in the context of its own time, and explain its enduring significance. After that, we may praise or damn it, and rehabilitate it or condemn it. No one today likes the Dred Scott opinion or the result. But, this article argues that Professor Daniel A. Farber is so incensed by the opinion that he vastly overstates its historical significance including incorrectly blaming Chief Justice Taney for causing the Civil War. This article rejects …


Anti-Canonical Considerations, Edward J. Larson Aug 2012

Anti-Canonical Considerations, Edward J. Larson

Pepperdine Law Review

No abstract provided.


Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso May 2012

Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso

Pepperdine Law Review

No abstract provided.


The Roberts Court & The Business Cases, Kenneth W. Starr Mar 2012

The Roberts Court & The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan Mar 2012

Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Free Speech, Kathleen M. Sullivan Mar 2012

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Criminal Justice, Vikram Amar Mar 2012

Criminal Justice, Vikram Amar

Pepperdine Law Review

No abstract provided.


The Roberts Court & Executive Power, Jeffrey Rosen Mar 2012

The Roberts Court & Executive Power, Jeffrey Rosen

Pepperdine Law Review

No abstract provided.


The Alito/O'Connor Switch, Joan Biskupic Mar 2012

The Alito/O'Connor Switch, Joan Biskupic

Pepperdine Law Review

No abstract provided.


Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr Mar 2012

Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas, Clarence Thomas, Kenneth W. Starr, Shelley Saxer, Douglas W. Kmiec, Charles R. Eskridge Feb 2012

The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas, Clarence Thomas, Kenneth W. Starr, Shelley Saxer, Douglas W. Kmiec, Charles R. Eskridge

Pepperdine Law Review

No abstract provided.


Thirty-First Annual Pepperdine University School Of Law Dinner: Keynote Address, John G. Roberts Jr Feb 2012

Thirty-First Annual Pepperdine University School Of Law Dinner: Keynote Address, John G. Roberts Jr

Pepperdine Law Review

No abstract provided.


Introduction , J. Matt Williams Feb 2012

Introduction , J. Matt Williams

Pepperdine Law Review

No abstract provided.