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Articles 1 - 25 of 25
Full-Text Articles in Law
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine Law Review
No abstract provided.
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash
Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash
Pepperdine Law Review
No abstract provided.
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Pepperdine Law Review
No abstract provided.
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
Pepperdine Law Review
No abstract provided.
Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman
Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman
Pepperdine Law Review
No abstract provided.
The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary
The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary
Pepperdine Law Review
No abstract provided.
Children Of A Lesser God: Should The Fourteenth Amendment Be Altered Or Repealed To Deny Automatic Citizenship Rights And Privileges To American Born Children Of Illegal Aliens?, Robert J. Shulman
Pepperdine Law Review
No abstract provided.
The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt
The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt
Pepperdine Law Review
No abstract provided.
Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson, Sean Simpson
Pepperdine Law Review
No abstract provided.
Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin
Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin
Pepperdine Law Review
No abstract provided.
Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act, Kevin J. Slattum
Pepperdine Law Review
No abstract provided.
The Criminalization Of Maternal Substance Abuse: A Quick Fix To A Complex Problem, Carol Jean Sovinski
The Criminalization Of Maternal Substance Abuse: A Quick Fix To A Complex Problem, Carol Jean Sovinski
Pepperdine Law Review
No abstract provided.
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Putting Buck V. Bell In Scientific And Historical Context: A Response To Victoria Nourse , Edward J. Larson
Putting Buck V. Bell In Scientific And Historical Context: A Response To Victoria Nourse , Edward J. Larson
Pepperdine Law Review
In this article written for a law-review symposium in response to a presentation on the infamous 1927 U.S. Supreme Court opinion in Buck v. Bell, Edward J. Larson argues that, at the time that the case was decided, eugenics was on the incline, not the decline. In the 1920s, the American scientific and medical community broadly backed eugenic remedies for various forms of mental illness and retardation. Legislatures, lawyers, and jurists took their cue from this scientific and medical consensus. Absent any question that the statute at issue in Buck v. Bell was validly passed by the Virginia legislature or …
Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse
Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse
Pepperdine Law Review
The article focuses on the U.S. Supreme Court case Buck v. Bell, which dealt with the forced sterilization of people deemed unfit, such as intellectually disabled or mentally retarded individuals. Topics include the enforceability of unconstitutional judicial decisions, eugenic sterilization, and the application of substantive due process.
A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber
A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber
Pepperdine Law Review
This essay focuses on three aspects of the Dred Scott opinion: its effort to ensure that blacks could never be citizens, let alone equal ones; its deployment of a "limited government" argument for a narrow interpretation of Congress's enumerated power over the territories; and its path-breaking defense of property rights against government regulation. These constitutional tropes of racism, narrowing of federal power, and protection of property were to remain dominant for another seventy-five years. Apart from the failings of the opinion itself, Dred Scott also represents an extraordinary case of presidential tampering with the judicial process and a breakdown in …
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Pepperdine Law Review
The Supreme Court has articulated three theoretically different standards of review for determining whether government action has denied any person equal protection of the laws: rational basis, intermediate scrutiny, and strict scrutiny. One area of this tri-level jurisprudence that continues to be troublesome in practice is the application of intermediate scrutiny to gender classifications. Nguyen v. INS is significant because it is the first case in which all nine Justices unequivocally applied that standard in such a case. Nonetheless, the application of the standard remains problematic since the Court split five to four on its application to the facts. This …
Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle
Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle
Pepperdine Law Review
No abstract provided.
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Pepperdine Law Review
No abstract provided.
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Pepperdine Law Review
No abstract provided.