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Articles 241 - 269 of 269
Full-Text Articles in Courts
Evaluating The New Justices In Light Of The Confirmation Ordeal, Marcia Coyle
Evaluating The New Justices In Light Of The Confirmation Ordeal, Marcia Coyle
Pepperdine Law Review
No abstract provided.
Evaluating The New Justices In Light Of The Confirmation Ordeal, David G. Savage
Evaluating The New Justices In Light Of The Confirmation Ordeal, David G. Savage
Pepperdine Law Review
No abstract provided.
The Political Process, Elizabeth Garrett
The Separation Of Powers: Hamdan V. Rumsfeld - The Anti-Roberts, Douglas W. Kmiec
The Separation Of Powers: Hamdan V. Rumsfeld - The Anti-Roberts, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Criminal Justice, Akhil Reed Amar
Civil Rights, Erwin Chemerinsky
Overview Of The Term: The Rule Of Law & Roberts's Revolution Of Restraint, Douglas W. Kmiec
Overview Of The Term: The Rule Of Law & Roberts's Revolution Of Restraint, Douglas W. Kmiec
Pepperdine Law Review
In this introduction to a symposium on Chief Justice Roberts’ first term, Professor Kmiec begins with a discussion of how the addition of Chief Justice Roberts and Justice Alito to the Supreme Court resulted in a continuation of the center-right tradition of the Rehnquist-O’Connor era, and he addresses the impact of Justice O’Connor’s retirement on Justice Kennedy’s jurisprudence. Professor Kmiec also evaluates Rehnquist’s final term, determining that, during this term, Rehnquist lost some of the hard earned constitutional advantages in the areas of religious accommodation, federalism, and the protection of property rights. Professor Kmiec ends his article with a discussion …
"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes
"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes
Pepperdine Law Review
No abstract provided.
Loud Rules, David Coale, Wendy Couture
Loud Rules, David Coale, Wendy Couture
Pepperdine Law Review
This article defines a "loud rule" as a court's statement of substantive law accompanied by a warning that future litigants risk sanctions if they relitigate the issue. The authors examine the incidence of loud rules, noting patterns in their use. Then, the authors apply the substantive "necessity" test for distinguishing dicta and holdings, concluding that although the "loud" component of the rule is technically dictum, it does not raise the same policy concerns that underlie the dicta-holding distinction. Further, the authors apply the procedural "necessity" test for the appropriate exercise of a court's inherent power, concluding that many of the …
Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness
Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness
Pepperdine Law Review
No abstract provided.
Intermittent State Constitutionalism, Justin Long
Intermittent State Constitutionalism, Justin Long
Pepperdine Law Review
No abstract provided.
The Roberts Court & The Business Cases, Kenneth W. Starr
The Roberts Court & The Business Cases, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan
Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan
Pepperdine Law Review
No abstract provided.
Free Speech, Kathleen M. Sullivan
Criminal Justice, Vikram Amar
The Roberts Court & Executive Power, Jeffrey Rosen
The Roberts Court & Executive Power, Jeffrey Rosen
Pepperdine Law Review
No abstract provided.
Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec
Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
The Alito/O'Connor Switch, Joan Biskupic
Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr
Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr
The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
What Federalism & Why? Science Versus Doctrine, Stephen E. Gottlieb
What Federalism & Why? Science Versus Doctrine, Stephen E. Gottlieb
Pepperdine Law Review
The Constitution does not use the words federal or federalism. It gives Congress a set of powers and prohibits the national government, the states or both from doing some things. The Court has inferred principles of federalism from those provisions. The political science community has treated the advantages of federalism as contingent on whether federalism deepens or diffuses conflict or opens competition for power. The United States Supreme Court's approach does neither; it has been trying to clarify and police a very different boundary. Even on its own terms, however, the Court's justifications do not work - a problem made …
The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg
The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg
Pepperdine Law Review
In Strickland v. Washington the United States Supreme Court formulated the test for determining whether counsel in a criminal case is ineffective. When the Court decided Strickland it created a doctrine of enormous proportions, but with little impact--a legal tyrannosaurus rex without teeth. In the last decade, by using American Bar Association (“ABA”) standards to evaluate counsel's performance, the Court has given the T-Rex some sizable incisors. The purposes of this article are to: (1) determine how frequently the United States Supreme Court uses ABA standards in its decisions and describe briefly for what purposes the Court uses those standards; …
The Third Annual William French Smith Memorial Lecture: A Conversation With Retired Justice Sandra Day O'Connor, Sandra Day O'Connor, Kenneth W. Starr, Carol A. Chase, Colleen Graffy, Virginia Milstead
The Third Annual William French Smith Memorial Lecture: A Conversation With Retired Justice Sandra Day O'Connor, Sandra Day O'Connor, Kenneth W. Starr, Carol A. Chase, Colleen Graffy, Virginia Milstead
Pepperdine Law Review
No abstract provided.
The Second Conversation With Justice Samuel A. Alito, Jr.: Lawyering And The Craft Of Judicial Opinion Writing, Samuel A. Alito Jr, Michael W. Mcconnell, Kenneth W. Starr, Walter E. Dellinger Iii, Douglas W. Kmiec
The Second Conversation With Justice Samuel A. Alito, Jr.: Lawyering And The Craft Of Judicial Opinion Writing, Samuel A. Alito Jr, Michael W. Mcconnell, Kenneth W. Starr, Walter E. Dellinger Iii, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas, Clarence Thomas, Kenneth W. Starr, Shelley Saxer, Douglas W. Kmiec, Charles R. Eskridge
The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas, Clarence Thomas, Kenneth W. Starr, Shelley Saxer, Douglas W. Kmiec, Charles R. Eskridge
Pepperdine Law Review
No abstract provided.
Thirty-First Annual Pepperdine University School Of Law Dinner: Keynote Address, John G. Roberts Jr
Thirty-First Annual Pepperdine University School Of Law Dinner: Keynote Address, John G. Roberts Jr
Pepperdine Law Review
No abstract provided.
Introduction , J. Matt Williams
Congress's Power To Regulate The Federal Judiciary: What The First Congress And The First Federal Courts Can Teach Today's Congress And Courts , Paul Taylor
Pepperdine Law Review
No abstract provided.
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson
Pepperdine Law Review
This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part IV, …