Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (63)
- Courts (61)
- Criminal Procedure (48)
- Criminal Law (41)
- Law and Society (39)
-
- Legislation (37)
- Civil Rights and Discrimination (36)
- Religion Law (34)
- Jurisprudence (29)
- Legal History (29)
- President/Executive Department (28)
- State and Local Government Law (27)
- Fourteenth Amendment (26)
- Evidence (23)
- Judges (23)
- Law and Politics (23)
- Education Law (18)
- Jurisdiction (17)
- Juvenile Law (17)
- Law and Gender (17)
- Torts (17)
- Legal Remedies (15)
- Litigation (15)
- Administrative Law (14)
- Law Enforcement and Corrections (14)
- Civil Procedure (13)
- Legal Ethics and Professional Responsibility (13)
- Property Law and Real Estate (13)
- Keyword
-
- Constitutional law (61)
- First Amendment (48)
- Supreme Court (33)
- Constitution (32)
- Federalism (25)
-
- United States Supreme Court (24)
- Constitutional Law (22)
- Religion (20)
- California (19)
- Abortion (16)
- Equal protection (15)
- Evidence (15)
- Congress (14)
- Privacy (13)
- Separation of powers (13)
- United States (13)
- Fourth Amendment (12)
- Right to counsel (11)
- Due Process (10)
- Fourteenth Amendment (10)
- Legislation (10)
- Separation of Powers (10)
- Defendant (9)
- Due process of law (9)
- Eminent domain (9)
- Fifth Amendment (9)
- Government (9)
- Speech (9)
- Crime (8)
- Criminal procedure (8)
Articles 151 - 180 of 332
Full-Text Articles in Constitutional Law
Some Observations On The Establishment Clause, William French Smith
Some Observations On The Establishment Clause, William French Smith
Pepperdine Law Review
As evidenced by current interpretations of the establishment clause, lower federal court decisions indicate an increased tendency of hostility toward religion. In this article, Attorney General William French Smith surveys the history of the establishment clause and Supreme Court decisions regarding religious issues. Attorney General Smith then notes the recent success of the Reagan Administration's efforts, through amicus curiae briefs, to advocate an interpretation of the establishment clause which permits the states to take an attitude of benevolent neutrality toward religion. The article then concludes that such a position is both historically and judicially sound.
Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan , Mary Ellen Shull
Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan , Mary Ellen Shull
Pepperdine Law Review
In Mississippi University for Women v. Hogan, the United States Supreme Court was presented with an equal protection challenge initiated by a male who was denied admission to a state-supported all-female school of nursing. After a review of relevant decisions in this area, the author examines the Supreme Court's intermediate level of scrutiny analysis and argues that application of a higher level of scrutiny to gender-based classifications is a prerequisite to true equality between the sexes.
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer
Pepperdine Law Review
The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …
Public Policy Against Religion: Doubting Thomas , Richard H. Seeburger
Public Policy Against Religion: Doubting Thomas , Richard H. Seeburger
Pepperdine Law Review
In free exercise cases, the Supreme Court has adopted a least restrictive alternative test in an attempt to maximize protection for religiously motivated practices. Because the least restrictive alternative test only considers the importance of the governmental interest and the availability of alternative means to accomplish those interests, thereby ignoring the importance of the burdened religious activity to the individual and the degree of burden on religious activity, all religious interests are treated equally when asserted against a governmental interest. Under such an inflexible and brittle test, the Supreme Court has recently denied religious claims which had previously been recognized. …
N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner
N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner
Pepperdine Law Review
With its decision in Midland National Life Insurance Company, the National Labor Relations Board no longer probes into the truth or falsity of statements made during he course of preelection campaigns. The decision marks the third policy reversal in regulating campaign propaganda during the last five years. Of concern to employers and unions is the uncertainty of Board resolutions in this area, particularly when each policy reversal was preceded immediately by Presidential appointments to the Board. This article traces the shifting Board policy of regulating campaign misrepresentations and calls for Congressional intervention to stabilize the preelection process.
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Pepperdine Law Review
No abstract provided.
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Pepperdine Law Review
Until recently, California provided a relatively high level of constitutional protection to criminal defendants. With the passage of Proposition 8 in 1982, the California voters expressed their desire to decrease this level of protection in order to remove impediments to the effective prosecution of criminally accuseds. This comment will examine two of the major provisions of Proposition 8 and their effect on California law in light of major cases decided by the California Supreme Court in 1985.
The Use Of In Vitro Fertilization: Is There A Right To Bear Or Beget A Child By Any Available Medical Means?, Matthew R. Eccles
The Use Of In Vitro Fertilization: Is There A Right To Bear Or Beget A Child By Any Available Medical Means?, Matthew R. Eccles
Pepperdine Law Review
The prodigious advancements of biomedical science in human reproduction have brought both blessing and cursing in recent years. Many join with childless couples and hail the opportunity to bear a child, while others fearfully contemplate the moral and ethical consequences that accompany the birth of that child. In view of those consequences, laws limiting access to the new methods of reproduction are bound to be drawn and couples are bound to challenge them as unconstitutionally limiting their right to privacy. This comment examines the arguments of both sides in determining whether the right of privacy protects the use of the …
An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell
An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell
Pepperdine Law Review
Section 1113 of the Department of Defense Authorization Act passed in 1982 prohibits the receipt of Title IV educational funds by students who do not comply with draft registration requirements. In Selective Service System v. Minnesota Public Interest Research Group, the United States Supreme Court upheld section 1113 in the face of a multi-tiered constitutional challenge. After exploring the history of section 1113, the author examines the Supreme Court's analysis of each of the constitutional challenges: bill of attainder, privilege against self-incrimination, and equal protection. Finally, the author investigates the probable impact of the Court's decision.
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Pepperdine Law Review
Negligent infliction of emotional distress is becoming an increasingly popular cause of action to be utilized against media defendants. This article begins by tracing the development of the tort and explaining its central elements through cases involving mass media defendants. It studies the relationship between negligent infliction and the torts of libel, invasion of privacy, and intentional infliction of emotional distress. After considering the appropriate balance between expression and emotional tranquility, it is concluded that negligent infliction actions present an ominous threat to the free flow of expression. Sound policy considerations, flowing in part from the first amendment, dictate that …
The Supreme Court Strikes Down The Public Broadcasting Editorial Ban: Federal Communications Commission V. League Of Women Voters, Michael R. Gradisher
The Supreme Court Strikes Down The Public Broadcasting Editorial Ban: Federal Communications Commission V. League Of Women Voters, Michael R. Gradisher
Pepperdine Law Review
In Federal Communications Commission v. League of Women Voters, the United States Supreme Court struck down a statute on first amendment grounds which prohibited public broadcasters from editorializing. Those who favor the deregulation of broadcasting and the institution of a free market system hail the decision as a rare step in the right direction, after years of unquestioned congressional right to freely regulate broadcasting. They point to the Court's apparent willingness to reconsider its historical view of broadcasting, which has always received less first amendment protection than the print medium. However, the Court confirms its longstanding view that broadcasting may …
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Pepperdine Law Review
The conflict surrounding the zoning of adult entertainment is not novel. The antagonism stems from a community's right to provide for its social welfare and the adult entertainment provider's right to freedom of speech and expression. This article examines the evolution of the federal courts' analysis in this area. The author concludes by stating that the current method of review is not the most efficient. In its place, he proposes a new method that makes analysis simpler for both laypersons and the courts.
State Legislatures Versus The Supreme Court: Abortion Legislation In The 1980'S , B. J. George Jr.
State Legislatures Versus The Supreme Court: Abortion Legislation In The 1980'S , B. J. George Jr.
Pepperdine Law Review
No abstract provided.
The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld
The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld
Pepperdine Law Review
No abstract provided.
Aids: Do Children With Aids Have A Right To Attend School?, Gilbert A. Partida
Aids: Do Children With Aids Have A Right To Attend School?, Gilbert A. Partida
Pepperdine Law Review
No abstract provided.
Justice O'Connor And The First Amendment 1981-84, Edward V. Heck, Paula C. Arledge
Justice O'Connor And The First Amendment 1981-84, Edward V. Heck, Paula C. Arledge
Pepperdine Law Review
No abstract provided.
The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan
The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan
Pepperdine Law Review
No abstract provided.
Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson
Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson
Pepperdine Law Review
Recently, the Fifth Circuit held that classifications involving the mentally retarded were quasi-suspect and should be reviewed under a heightened scrutiny analysis. The Supreme Court reversed that holding but granted the retarded a remedy by applying a more genuine scrutiny under the rational basis test. The Court's decision in City of Cleburne, Texas v. Cleburne Living Center, Inc. raises the question whether the Court intends to apply an increased level of scrutiny under the rational basis test or whether this case merely represents another ad hoc decision made on the horns of a dilemma. This Note discusses the uncertain impact …
Condominium Associations: Living Under The Due Process Shadow, Brian L. Weakland
Condominium Associations: Living Under The Due Process Shadow, Brian L. Weakland
Pepperdine Law Review
No abstract provided.
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, Glenn W. Peterson
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, Glenn W. Peterson
Pepperdine Law Review
No abstract provided.
New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead
New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead
Pepperdine Law Review
No abstract provided.
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Pepperdine Law Review
No abstract provided.
Copyright And The First Amendment: Freedom Or Monopoly Of Expression?, Henry S. Hoberman
Copyright And The First Amendment: Freedom Or Monopoly Of Expression?, Henry S. Hoberman
Pepperdine Law Review
No abstract provided.
A Comment On The Instruction Of Constitutional Law, William H. Rehnquist
A Comment On The Instruction Of Constitutional Law, William H. Rehnquist
Pepperdine Law Review
No abstract provided.
First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti
First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti
Pepperdine Law Review
No abstract provided.
Dun & Bradstreet, Inc. V. Greenmoss Builders, Inc.: Does The Actual Malice Standard Of Gertz V. Robert Welch, Inc. Apply To Speech On Matters Of Purely Private Concern?, Jeff Boykin
Pepperdine Law Review
No abstract provided.
The Supreme Court Refused To Expand The Right Of Privacy To Include Homosexual Sodomy In Bowers V. Hardwick, Richard J. Wittbrodt
The Supreme Court Refused To Expand The Right Of Privacy To Include Homosexual Sodomy In Bowers V. Hardwick, Richard J. Wittbrodt
Pepperdine Law Review
No abstract provided.
Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo
Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo
Pepperdine Law Review
No abstract provided.
Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle
Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle
Pepperdine Law Review
No abstract provided.
Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler
Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler
Pepperdine Law Review
No abstract provided.