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Full-Text Articles in Law

The Likely Impact Of National Federation On Commerce Clause Jurisprudence, Robert J. Pushaw Jr., Grant S. Nelson May 2013

The Likely Impact Of National Federation On Commerce Clause Jurisprudence, Robert J. Pushaw Jr., Grant S. Nelson

Pepperdine Law Review

In National Federation of Independent Businesses v. Sebelius, the Supreme Court exhaustively analyzed Congress’s constitutional power to enact the watershed Patient Protection and Affordable Care Act (ACA or “Obamacare”). The ACA imposes a “shared responsibility requirement,” popularly known as the “Individual Mandate” (IM), which forces Americans to buy medical insurance or pay a “penalty.” The ACA’s text and legislative history, as well as the public defenses of it by President Obama and his supporters, consistently described the IM as a valid exercise of Congress’s power “[t]o regulate Commerce . . . among the several States.” This reliance on the Commerce …


Regulation - The Balance Point , W. D. Brewer May 2013

Regulation - The Balance Point , W. D. Brewer

Pepperdine Law Review

No abstract provided.


Debtor's Defense To A Deficiency Judgment Under Ucc , Gail Clifford Hutton May 2013

Debtor's Defense To A Deficiency Judgment Under Ucc , Gail Clifford Hutton

Pepperdine Law Review

No abstract provided.


Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii May 2013

Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii

Pepperdine Law Review

No abstract provided.


Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss Feb 2013

Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss

Pepperdine Law Review

No abstract provided.


Seller's Warranty Liability Under The Uniform Commercial Code: Should Buyer's Merchant Status Affect His Right Of Recovery?, Olin W. Jones Feb 2013

Seller's Warranty Liability Under The Uniform Commercial Code: Should Buyer's Merchant Status Affect His Right Of Recovery?, Olin W. Jones

Pepperdine Law Review

No abstract provided.


A Reappraisal Of General And Limited Jurisdiction In California , Thomas Kallay Feb 2013

A Reappraisal Of General And Limited Jurisdiction In California , Thomas Kallay

Pepperdine Law Review

The ability of a California court to assert jurisdiction over business enterprises currently depends upon how the court characterizes the nature and extent of the business's activities within the state. If the in-state business activities of a particular concern are extensive, California courts will exercise all-encompassing general jurisdiction over the cause of action, but if the activities are insufficient to warrant the exercise of general jurisdiction, which has been invariably the case, the court will then turn to a consideration of limited jurisdiction, which jurisdiction depends upon the quality and nature of the business's activities in the forum in relation …


National Subscription Television V. S & H, Tv: The Problem Of Unauthorized Interception Of Subscription Television—Are The Legal Airwaves Unscrambled?, Thomas R. Catanese Feb 2013

National Subscription Television V. S & H, Tv: The Problem Of Unauthorized Interception Of Subscription Television—Are The Legal Airwaves Unscrambled?, Thomas R. Catanese

Pepperdine Law Review

The unending stream of technological innovations that best exemplifies the electronic media has left the law in its wake. Because of rapid advancements in the forms communications may take, the law has sometimes been slow in effectively and rationally affording protection against the piracy of these new types of electronic media. One such type of electronic media is the transmission of over-the-air scrambled broadcasts, more properly "subscription" television, wherein a party pays a subscription fee to receive nonstandard television programming. National Subscription Television v. S & H, TV, in view of prior divided case law, settled the question of whether …


An Analysis Of Bank Defenses To Check Forgery And Alteration Claims Under Uniform Commercial Code Articles 3 And 4: Claimant's Negligence And Failure To Give Notice, John W. Hinchey Feb 2013

An Analysis Of Bank Defenses To Check Forgery And Alteration Claims Under Uniform Commercial Code Articles 3 And 4: Claimant's Negligence And Failure To Give Notice, John W. Hinchey

Pepperdine Law Review

In addressing the dual issues of check forgeries and alteration claims faced by many banks, the Uniform Commercial Code sets forth a system of rights and obligations to remedy these problems. In addition, Articles Three and Four also present an array of bank defenses, the availability of which are largely determined by the bank's position in this system. In this article, the author analyzes the inconsistencies and uncertainties inherent in this framework, and determines that there is much room for creativity on the part of banker's counsel in this area.


Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch Jan 2013

Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch

Pepperdine Law Review

No abstract provided.


Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris Jan 2013

Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris

Pepperdine Law Review

No abstract provided.


The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun Jan 2013

The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun

Pepperdine Law Review

No abstract provided.


Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards , Gregory S. Lane Jan 2013

Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards , Gregory S. Lane

Pepperdine Law Review

No abstract provided.