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Articles 1 - 14 of 14
Full-Text Articles in Law
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Pepperdine Law Review
No abstract provided.
Is Culture A Justiciable Issue? , Jessica L. Darraby
Is Culture A Justiciable Issue? , Jessica L. Darraby
Pepperdine Law Review
No abstract provided.
Images Of Men In Feminist Legal Theory , Brian Bendig
Images Of Men In Feminist Legal Theory , Brian Bendig
Pepperdine Law Review
No abstract provided.
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Pepperdine Law Review
No abstract provided.
The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones
The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones
Pepperdine Law Review
No abstract provided.
Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin
Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin
Pepperdine Law Review
This article examines and critiques Rambo lawyering. The practice of law has evolved so that the cornerstone principle of client loyalty, together with the economic incentives inherent in law practice, not only create strong motivations for lawyers to pursue their clients' causes vigorously, but also allow lawyers to easily absolve themselves of any moral obligation for their activities as their clients' representatives. Vigorous advocacy is an indispensible part of the modern judicial system, and it is generally believed that truth and justice will be served as long as there are vigorous advocates on both sides and the profession's code of …
Christian Service In The Practice Of Law, Kenneth W. Starr
Christian Service In The Practice Of Law, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
Is There A "Higher Law"? Does It Matter?, Connie S. Rosati
Is There A "Higher Law"? Does It Matter?, Connie S. Rosati
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
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
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
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
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 …
The Cost Of Compromise And The Covenant With Death, Paul Finkelman
The Cost Of Compromise And The Covenant With Death, Paul Finkelman
Pepperdine Law Review
This article is a rebuttal to the writings of those advocating the view that America was formed through compromise and that compromise in modern constitutional law is, therefore, necessary and beneficial. A recount of the “compromises” at the Constitutional Conventional that eventually led to the approval and protection of slavery begins the analysis establishing the danger of Americans compromising over constitutional protections. The article continues on, discussing the Compromise of 1850 and its drafters whom others have considered “passionately devoted to the Union”, like John Calhoun, who would later assert that the Constitution was expendable. The Compromise of 1850 did …
Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.
Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.
Pepperdine Law Review
No abstract provided.