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Full-Text Articles in Law
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 …
Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan
Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan
Pepperdine Law Review
The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidated the mandatory nature of the federal Sentencing Guidelines as well as restored judicial discretion for federal judges. With the Booker decision there is a renewed opportunity to correct some of the imbalance that came about as a result of the mandatory guidelines and the sentencing policies of the past twenty years. Booker has implications for all future sentencing as the power between the judiciary and the jury has been realigned and the power of the government has been reduced. Sentencing cannot accomplish legitimate goals …
Due Process And Judicial Disqualification: The Need For Reform, Gabriel D. Serbulea
Due Process And Judicial Disqualification: The Need For Reform, Gabriel D. Serbulea
Pepperdine Law Review
No abstract provided.