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Articles 1 - 27 of 27

Full-Text Articles in Law

The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson Nov 2012

The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson

Pepperdine Law Review

No abstract provided.


A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf Nov 2012

A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf

Pepperdine Law Review

No abstract provided.


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 Nov 2012

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.


Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire Oct 2012

Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire

Pepperdine Law Review

No abstract provided.


Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse Aug 2012

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 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 …


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.


Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal May 2012

Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal

Pepperdine Law Review

No abstract provided.


International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey May 2012

International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey

Pepperdine Law Review

No abstract provided.


Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett Apr 2012

Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett

Pepperdine Law Review

No abstract provided.


Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs Apr 2012

Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs

Pepperdine Law Review

No abstract provided.


Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle Apr 2012

Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle

Pepperdine Law Review

No abstract provided.


Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann Apr 2012

Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann

Pepperdine Law Review

No abstract provided.


Asbestos & The Sleeping Constitution, Griffin B. Bell Apr 2012

Asbestos & The Sleeping Constitution, Griffin B. Bell

Pepperdine Law Review

No abstract provided.


Is A Written Constitution Necessary?, Diarmuid F. O'Scannlain Mar 2012

Is A Written Constitution Necessary?, Diarmuid F. O'Scannlain

Pepperdine Law Review

No abstract provided.


Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck Mar 2012

Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck

Pepperdine Law Review

No abstract provided.


Congress's Power To Preempt The States, Stephen Gardbaum Mar 2012

Congress's Power To Preempt The States, Stephen Gardbaum

Pepperdine Law Review

In this Article, part of a symposium on federal preemption of state tort law, I build upon my earlier work on the nature of preemption to try and deepen the conceptual and constitutional foundations of the subject. I argue that this neglected dimension must be moved to center stage if preemption doctrine is to have a coherent and principled framework. In particular, the key issues are the nature, source, and limits of Congress's power to preempt the states. The result is that preemption should be understood as a discretionary power of Congress the source of which lies in the Necessary …


Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom Mar 2012

Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom

Pepperdine Law Review

No abstract provided.


The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff Feb 2012

The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff

Pepperdine Law Review

This essay explores the potential implications of the creation of a distinct "election period" through the BCRA reforms to campaign finance law. The idea of a separate set of rights of expression during the immediate pre-election period is a relative newcomer to American law, but is a central feature of campaign finance law in other countries. The creation of a defined election period is the underpinning of strong restrictions on political speech in countries such as Britain, and is currently the source of tension under European law. Recent decisions of the European Court of Human Rights, most notably in Bowman …


Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg Jan 2012

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

Pepperdine Law Review

No abstract provided.


The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow Jan 2012

The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow

Pepperdine Law Review

This comment to Sanford Levinson's Brandeis lecture at Pepperdine focuses on the role and types of compromises made during several stages of constitutional processes, formative and constitutive, interpretive and on-going, as negotiated by Constitutional meaning makers (drafters and Supreme Court 'deciders'), and post hoc justifications. This essay discusses recent work on compromise as institutional design, pragmatic or principled, and regime defining and sustaining. Both the pejorative (compromise is unprincipled) and more positive (compromise accounts for the 'reality' and moral existence of different sides of an issue or polity) understandings of compromise are reviewed, in light of Professor Levinson's scholarship on …


Lessons From Lincoln: A Comment On Levinson, Steven D. Smith Jan 2012

Lessons From Lincoln: A Comment On Levinson, Steven D. Smith

Pepperdine Law Review

No abstract provided.


Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber Jan 2012

Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber

Pepperdine Law Review

The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather than directly engage in a dialogue with Compromise and Constitutionalism, the analysis below joins the preexisting dialogue between Professors Levinson and Murphy on how to construct a decent polity among people who have deep disputes over what constitutes political decency. Walter Murphy is unfortunately largely known to legal audiences only through the work of such outstanding mentees as Sandy Levinson, Jim Fleming, Christopher Eisgruber, Andrew Koppelman, Jennifer Nedelsky, and Robert George. Walter …


Compromise And Constitutionalism, Sanford Levinson Jan 2012

Compromise And Constitutionalism, Sanford Levinson

Pepperdine Law Review

Professor Levinson explores compromises (1) that went into the making of the United States Constitution, and (2) that have occurred in the Supreme Court's constitutional interpretation. He explores these compromises in light of Israeli philosopher Avishai Margalit's distinction between bad compromises and rotten compromises. "Rotten compromises" are indefensible except, perhaps, in the most exceptional of conditions. A "rotten political compromise" is one that agrees "to establish or maintain an inhuman regime, a regime of cruelty and humiliation, that is, a regime that does not treat humans as humans." Under this standard, Levinson identifies as rotten compromises the Constitution's protection of …


Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr. Jan 2012

Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.

Pepperdine Law Review

No abstract provided.