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Articles 61 - 90 of 269

Full-Text Articles in Courts

To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin May 2013

To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin

Pepperdine Law Review

No abstract provided.


Legislative Response To In Re Ronald S.: Cal. A.B. 958, Richard E. Boehm May 2013

Legislative Response To In Re Ronald S.: Cal. A.B. 958, Richard E. Boehm

Pepperdine Law Review

No abstract provided.


Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker May 2013

Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker

Pepperdine Law Review

No abstract provided.


The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier May 2013

The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier

Pepperdine Law Review

No abstract provided.


Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder May 2013

Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder

Pepperdine Law Review

No abstract provided.


Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler May 2013

Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler

Pepperdine Law Review

No abstract provided.


Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks May 2013

Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks

Pepperdine Law Review

No abstract provided.


Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum May 2013

Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum

Pepperdine Law Review

No abstract provided.


Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss May 2013

Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss

Pepperdine Law Review

No abstract provided.


Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena May 2013

Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena

Pepperdine Law Review

No abstract provided.


California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow May 2013

California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow

Pepperdine Law Review

No abstract provided.


Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell May 2013

Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell

Pepperdine Law Review

No abstract provided.


Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena Feb 2013

Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena

Pepperdine Law Review

No abstract provided.


The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West Feb 2013

The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West

Pepperdine Law Review

No abstract provided.


Statement Of William S. White, William S. White Feb 2013

Statement Of William S. White, William S. White

Pepperdine Law Review

No abstract provided.


The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington Feb 2013

The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington

Pepperdine Law Review

No abstract provided.


A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett Feb 2013

A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett

Pepperdine Law Review

Society has been plagued with the problem of whether the police, the courts and the correction agencies are to administer juveniles for their protection and treatment, or for their punishment. To facilitate a better understanding of juvenile administration the authors have analyzed the California juvenile law cases for the year 1979. The article consists of six major area of interest; parent-child custody, sentencing, procedure, jurisdiction, evidentiary and constitutional which will be used to highlight some of the more significant decisions in the past year, thus enabling the reader to assess changes occurring in the juvenile system.


Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff Feb 2013

Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff

Pepperdine Law Review

In the principal case, Fare v. Michael C., the United States Supreme Court rejects the position of the Supreme Court of California that a juvenile's request for the presence of his probation officer constitutes an invocation of the juvenile's right to remain silent within the meaning of the Miranda decision. The author examines the rationale applied by each court enroute to this split of opinion, and suggests a middle ground which would accommodate the concerns of both courts with respect to the protection of an accused juvenile at the custodial interrogation stage.


Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison Feb 2013

Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison

Pepperdine Law Review

Inadequate financial resources and overcrowded juvenile placement facilities have frequently been cited as grounds for the abrogation of the juvenile court's practice of retaining jurisdiction over status offenders. In this article, Judge Quinn suggests the existence of even more compelling reasons which support diversion of status offenders to programs better suited to their particular needs. The author contends that the juvenile court's jurisdiction should be confined to matters of fact-finding and adjudication, rather than intruding into areas within the domain of the parents, and into areas in which the court lacks the necessary expertise. It is argued that diversion of …


A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin Feb 2013

A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin

Pepperdine Law Review

The juvenile court's power to waive jurisdiction which entails the transfer of juvenile offenders to adult courts presents a topic of longstanding controversy. It's rationale, one of protection of the public, has been labeled by the authors as untenable. Moreover, it is asserted that waiver of jurisdiction in such cases contravenes the very cornerstone of the juvenile court process--the doctrine of parens patriae. Three methods of transfer are seen to exist--legislative, prosecutorial, and judicial. Focusing on the latter, the authors posit an argument advocating the abrogation of the concept of waiver. Justification for this proposition is seen to flow from …


Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty Feb 2013

Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty

Pepperdine Law Review

The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …


Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark Feb 2013

Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark

Pepperdine Law Review

The landmark Supreme Court decision in In re Gault established, among other things, a juvenile's right to counsel in delinquency prosecutions. However, the decision left unanswered certain questions relating to the nature and scope of that right. In this article, the author examines whether or not Gault initiated a special due process right to counsel for juveniles apart from that body of sixth amendment law previously developed in criminal cases. Alternatively, he wonders whether Gault was meant to initiate a process of selective incorporation of the Bill of Rights into the juvenile justice system. The author critically analyzes the resulting …


From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib Feb 2013

From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib

Pepperdine Law Review

The Supreme Court's reliance upon research and scholarly commentaries which examine the sociological factors that contribute to delinquent behavior has declined considerably during the last fourteen years. The author, in an effort to explain this decline, analyzes the seven major juvenile cases which have been considered by the Court since 1966. He conducts this analysis by focusing upon the subject matter of each decision, the importance of the issues arising therein and the author of each opinion. While some similarities appear, no consistent pattern emerges from this analysis. The article concludes that while juvenile law is an area which is …


People V. Drew: Adoption Of The Ali Rule Of Insanity In California , David Darbyshire Feb 2013

People V. Drew: Adoption Of The Ali Rule Of Insanity In California , David Darbyshire

Pepperdine Law Review

No abstract provided.


Dedicatory Address: Act Well Your Part: Therein All Honor Lies , William H. Rehnquist Feb 2013

Dedicatory Address: Act Well Your Part: Therein All Honor Lies , William H. Rehnquist

Pepperdine Law Review

No abstract provided.


Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen Feb 2013

Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen

Pepperdine Law Review

No abstract provided.


The California Supreme Court Survey: A Review Of Decisions: December 1980 - February 1981, Drago C. Baric, William C. Bollard Feb 2013

The California Supreme Court Survey: A Review Of Decisions: December 1980 - February 1981, Drago C. Baric, William C. Bollard

Pepperdine Law Review

No abstract provided.


The California Supreme Court Survey: A Review Of Decisions: July-November 1980, Craig H. Millet, Tina I. Waine Feb 2013

The California Supreme Court Survey: A Review Of Decisions: July-November 1980, Craig H. Millet, Tina I. Waine

Pepperdine Law Review

No abstract provided.


United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr Feb 2013

United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr

Pepperdine Law Review

Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.


A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong Feb 2013

A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong

Pepperdine Law Review

Since the Zurcher v. Stanford Daily decision which was authored by Justice Byron F. White, the news media has become increasingly concerned with its' first amendment protections from governmental searches. Since Justice White has been the voice of the United States Supreme Court on this very issue, the author submits that an examination of Justice White's media related opinions can serve as a "barometer" for the constitutional protections of the news media. The author examines the use of Justice White to the Supreme Court, his staunch adherence to stare decisis, and the historical foundation of the first amendment as they …