Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee ,
2012
Pepperdine University
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom
Pepperdine Law Review
No abstract provided.
Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases ,
2012
Pepperdine University
Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii
Pepperdine Law Review
No abstract provided.
Witnesses With Multiple Personality Disorder,
2012
Pepperdine University
Witnesses With Multiple Personality Disorder, Jacqueline R. Kanovitz, Bob S. Kanovitz, James P. Bloch
Pepperdine Law Review
No abstract provided.
Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing,
2012
Pepperdine University
Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien
Pepperdine Law Review
This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer's liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered …
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect,
2012
Pepperdine University
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
Pepperdine Law Review
No abstract provided.
Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents,
2012
Pepperdine University
Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert
Pepperdine Law Review
No abstract provided.
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts,
2012
Pepperdine University
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Pepperdine Law Review
No abstract provided.
It Is Broken: Breaking The Inertia Of The Exclusionary Rule,
2012
Pepperdine University
It Is Broken: Breaking The Inertia Of The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase
Pepperdine Law Review
No abstract provided.
The Optimum Remedy For Constitutional Breaches: Multiaccessed Civil Penalties In Equity,
2012
Pepperdine University
The Optimum Remedy For Constitutional Breaches: Multiaccessed Civil Penalties In Equity, Robert C. Fellmeth
Pepperdine Law Review
No abstract provided.
The Exclusionary Rule: Fix It, But Fix It Right - A Critique Of If It's Broken, Fix It: Moving Beyond The Exclusionary Rule,
2012
Pepperdine University
The Exclusionary Rule: Fix It, But Fix It Right - A Critique Of If It's Broken, Fix It: Moving Beyond The Exclusionary Rule, Gregory D. Totten, Peter D. Kossoris, Ebbe B. Ebbesen
Pepperdine Law Review
No abstract provided.
Administrative Replacements: How Much Can They Do?,
2012
Pepperdine University
Administrative Replacements: How Much Can They Do?, Laurie L. Levenson
Pepperdine Law Review
No abstract provided.
How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts,
2012
Pepperdine University
How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent
Pepperdine Law Review
No abstract provided.
Judicial Review And The Exclusionary Rule,
2012
Pepperdine University
Judicial Review And The Exclusionary Rule, Morgan Cloud
Pepperdine Law Review
No abstract provided.
The Importance Of Being Empirical,
2012
Pepperdine University
The Importance Of Being Empirical, Michael Heise
Pepperdine Law Review
Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.
Moving Further Beyond,
2012
Pepperdine University
An Invitation To Dialogue: Exploring The Pepperdine Proposal To Move Beyond The Exclusionary Rule,
2012
Pepperdine University
An Invitation To Dialogue: Exploring The Pepperdine Proposal To Move Beyond The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase
Pepperdine Law Review
No abstract provided.
The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony,
2012
Pepperdine University
The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony, Mark Anthony Miller
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000,
2012
Pepperdine University
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Law Enforcement And Criminal Law Decisions,
2012
Pepperdine University
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Bullshit!: Why The Retroactive Application Of Federal Rules Of Evidence 413-414 And State Counterparts Violates The Ex Post Facto Clause,
2012
University of South Carolina - Columbia
Bullshit!: Why The Retroactive Application Of Federal Rules Of Evidence 413-414 And State Counterparts Violates The Ex Post Facto Clause, Colin Miller
Faculty Publications
In Calder v. Bull, the Supreme Court recognized four types of laws that cannot be applied retroactively consistent with the Ex Post Facto Clause, including “[e]very law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender.” But, in its opinion in Carmell v. Texas, the Court determined that ordinary rules of evidence do not violate the Clause because they (1) are “evenhanded, in the sense that they may benefit either the State or the defendant in a …
