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N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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. 2013 Pepperdine University

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 2013 Pepperdine University

The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld

Pepperdine Law Review

No abstract provided.


Summary Of Attorney General V. Gypsum Resources, Llc, 129 Nev. Adv. Op. 4 , Oscar Peralta 2013 Nevada Law Journal

Summary Of Attorney General V. Gypsum Resources, Llc, 129 Nev. Adv. Op. 4 , Oscar Peralta

Nevada Supreme Court Summaries

The Court answered four questions certified to it by the United States Court of Appeals for the Ninth Circuit regarding the constitutionality of Nevada Senate Bill No. 358, 72d Leg. (Nev. 2003) (SB) which prohibited Clark County from rezoning land adjacent to the Red Rock Canyon National Conservation Area.


Aids: Do Children With Aids Have A Right To Attend School?, Gilbert A. Partida 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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 2013 Pepperdine University

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.


January 30, 2013: Mind And Cosmos, Bruce Ledewitz 2013 Duquesne University

January 30, 2013: Mind And Cosmos, Bruce Ledewitz

Hallowed Secularism

Blog post, “Mind and Cosmos“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz 2013 Pepperdine University

Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz

Pepperdine Law Review

No abstract provided.


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