The Policeman's Duty And The Law Pertaining To Citizen Encounters,
2013
Pepperdine University
The Policeman's Duty And The Law Pertaining To Citizen Encounters, Charles M. Oberly Iii
Pepperdine Law Review
In this article the author, by case analysis, identifies the confusion facing police officers when dealing with stop and frisk situations and suggests adoption of the Model Rules of Stop and Frisk as a possible solution to the problem.
United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations,
2013
Pepperdine University
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 ,
2013
Pepperdine University
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 …
Has The Right To A Jury Trial As Guaranteed Under The Seventh Amendment Become Outdated In Complex Civil Litigation?,
2013
Pepperdine University
Has The Right To A Jury Trial As Guaranteed Under The Seventh Amendment Become Outdated In Complex Civil Litigation?, Georgiana G. Rodiger
Pepperdine Law Review
Recognizing the continually increasing burden placed on the jury in complex litigation cases, the author undertakes an extensive study of the origins of jury trials in the United States and England. Various arguments in favor of eliminating jury trials in complex litigation are discussed, along with a possible constitutional method of limiting the scope of the seventh amendment guarantee. The author also studies the case of Ross v. Bernhardt where the Supreme Court outlined a seldom used three- pronged test to determine whether or not a jury trial is constitutionally appropriate. The comment concludes that the factors in favor of …
New York V. Belton: The Scope Of Warrantless Searches Extended,
2013
Pepperdine University
New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci
Pepperdine Law Review
The United States Supreme Court, in New York v. Belton, expanded the area in which a policeman may search after he has made a lawful custodial arrest. In so ruling, the Supreme Court dramatically departed from its previous holding in Chimel v. California. While Chimel limited the area of the search to the area "within the immediate control of the arrestee," Belton allowed a search outside of that established boundary, as the Supreme Court allowed the search to include the passenger compartment of an automobile which the arrestee had not occupied.
Heffron V. International Society For Krishna Consciousness Inc.: A Restrictive Constitutional View Of The Proselytizing Rights Of Religious Organizations ,
2013
Pepperdine University
Heffron V. International Society For Krishna Consciousness Inc.: A Restrictive Constitutional View Of The Proselytizing Rights Of Religious Organizations , Michael M. Greenburg
Pepperdine Law Review
The persistent efforts of religious organizations to reach their public have consistently been met with governmental limitation due to the often conflicting interests of public order, and free speech and expression. Heffron v. International Society for Krishna Consciousness, Inc. represents the Court's latest redefinition of the extent of permissible limitations upon the activities of these groups. The author examines the decision in light of the traditional criteria for permissible time, place, and manner restrictions upon free speech and evaluates the Court's implementation of these restrictions with respect to the activities of the Krishna group. The impact of the decision upon …
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation,
2013
Pepperdine University
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Pepperdine Law Review
This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.
Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes,
2013
Pepperdine University
Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii
Pepperdine Law Review
No abstract provided.
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?,
2013
Pepperdine University
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Pepperdine Law Review
The Supreme Court in Rostker v. Goldberg upheld a Congressional decision which excluded women from registration for service in the Armed Forces of the United States. Although the case was brought based upon equal protection grounds, the majority took a separation of powers stance and based its decision upon the fact that the Court has traditionally granted deference to the decisions of Congress in the area of military affairs. The minority opinions disagreed with the majority's analysis and claimed that the central issue in Rostker was not military in nature, but was that Congress' plan to register males only, promoted …
Justice Stevens And The Emerging Law Of Sex Discrimination ,
2013
Pepperdine University
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Pepperdine Law Review
No abstract provided.
Chandler V. Florida: Cameras, Courts, And The Constitution,
2013
Pepperdine University
Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp
Pepperdine Law Review
The rising importance of television journalism in the 1960's has resulted in the Supreme Court deciding whether a criminal defendant's due process rights are violated by camera coverage of the courtroom proceeding. The decision of Chandler v. Florida clearly provides the answer; for unless a defendant proves prejudice with specificity, the Constitution does not ban televised criminal trials. The author examines the issues with a revealing historical perspective. He then traces the Court's factual and legal analysis and concludes that the decision will serve to offer the states guidance in deciding whether to implement a program allowing television coverage of …
Legislative Response To Zurcher V. Stanford Daily,
2013
Pepperdine University
Legislative Response To Zurcher V. Stanford Daily, J. Kirk Boyd
Pepperdine Law Review
The author explores and surveys the legislative response to Zurcher v. Stanford Daily. While it is recognized that the debate and controversy is far from over, the resulting legislation, including the Privacy Protection Act of 1980, is viewed as being a significant contribution to the area of fourth amendment law. The author analyzes the applicable legislation in detail.
A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division,
2013
Pepperdine University
A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner
Pepperdine Law Review
In Thomas v. Review Board of the Indiana Employment Security Division, the United States Supreme Court was called upon to clarify the appropriate level of review to be applied in cases which examine the first amendment right to free exercise of religion. The Court ruled that the "compelling state interest" test is the proper standard to be used. The Court also accorded first amendment protection to beliefs which are not shared by other members of a religious group and which are instead the unique interpretation of an individual member and not acceptable, logical, consistent or comprehensible to others.
February 12, 2013: The Absurdity Of Corporate Religious Freedom,
2013
Duquesne University
February 12, 2013: The Absurdity Of Corporate Religious Freedom, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Absurdity of Corporate Religious Freedom“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nixon V. Fitzgerald: Recognition Of Absolute Immunity From Personal Damage Liability For Presidential Acts,
2013
Pepperdine University
Nixon V. Fitzgerald: Recognition Of Absolute Immunity From Personal Damage Liability For Presidential Acts, Craig B. Forry
Pepperdine Law Review
Although traditionally it has been recognized that the President is absolutely immune from personal damage liability for his official acts, there is no precedent for this rule in constitutional text or case law. However, in the case of Nixon v. Fitzgerald, the Supreme Court overruled lower federal courts in establishing a clear precedent for the President's absolute immunity from personal liability for civil damages. The author examines this decision in light of traditional principles of official immunity and analyzes the Court's holding from the standpoint of whether the President is indeed placed "above the law."
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor,
2013
Pepperdine University
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor, Robert E. Palmer
Pepperdine Law Review
After nearly a century of quiet slumber, the Supreme Court awoke the sleeping giant. In the past two decades, 42 U.S.C. §1983 has evolved into a judicial Frankenstein monster. Unable to control the beast, the Court has attempted to restrict the creature's movements by unnecessarily limiting its constitutional source. If followed to its logical conclusion, the Court's narrow reading of the Constitution may ultimately demote all due process violations to state tort remedies. This note traces the legislative and judicial evolution of section 1983 as well as the statute's present interaction with the due process clause. The vehicle for this …
Banning Books In Public Schools: Board Of Education V. Pico,
2013
Pepperdine University
Banning Books In Public Schools: Board Of Education V. Pico, Kelly Bowers
Pepperdine Law Review
In Island Trees Union Free School District v. Pico five members of the Supreme Court, in three separate opinions, held that the first amendment places some constraints on a school board's power to remove books from its school libraries. Although the opinions were couched in terms of preventing censorship, the effect of this decision was to create a right guaranteeing students access to books approved by the federal judiciary.
The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy,
2013
Pepperdine University
The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg
Pepperdine Law Review
Since the infamous Scopes trial the matter of the constitutional validity of the "anti-evolution" laws has plagued both legal scholars and school administrators. The courts have generally invalidated legislation which bans outright the teaching of evolution in public schools, but with the advent of the "balanced treatment" acts, a revival of this litigation has begun. The author examines the constitutional analysis utilized by the courts in dealing with the "anti-evolution" and "balanced treatment" acts and provides an historical perspective of the first amendment to question the Court's response to the issue.
United States V. Ross: Search And Seizure Made Simple,
2013
Pepperdine University
United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton
Pepperdine Law Review
The United States Supreme Court in United States v. Ross vastly simplified the process of searching closed containers found in an automobile during a lawful Carroll search yet, at the same time, placed in question the importance of the search warrant in the scheme of fourth amendment jurisprudence by equating the policeman's determination of probable cause with that of the magistrate.
Federal Discretion In The Prosecution Of Local Political Corruption,
2013
Pepperdine University
Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter
Pepperdine Law Review
Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …
