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Full-Text Articles in Law
Testing The First Amendment Validity Of Laws Banning Sexual Orientation Change Efforts On Minors: What Level Of Scrutiny Applies After Becerra And Does A Proportionality Approach Provide A Solution?, Clay Calvert
Pepperdine Law Review
This Article examines the standard of scrutiny courts should apply when testing the validity of laws banning speech-based sexual orientation change efforts (SOCE) against First Amendment challenges. Justice Clarence Thomas’s 2018 opinion for a five-justice conservative majority of the United States Supreme Court in National Institute of Family and Life Advocates v. Becerra casts considerable doubt on whether a level of inquiry less stringent than strict scrutiny applies. The article analyzes how lower courts after Becerra that have reviewed anti-SOCE laws disagree on the issue. And yet, as the Article explains, the Supreme Court refuses to clarify the muddle. First, …
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
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.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
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.
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
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
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.
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
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.
Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern
Pepperdine Law Review
No abstract provided.