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14,078 full-text articles. Page 391 of 438.

The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry 2012 Pepperdine University

The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry

Pepperdine Law Review

No abstract provided.


Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson 2012 Pepperdine University

Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips 2012 Pepperdine University

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.


An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson 2012 Pepperdine University

An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson

Pepperdine Law Review

No abstract provided.


Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt 2012 Pepperdine University

Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.


Is Culture A Justiciable Issue? , Jessica L. Darraby 2012 Pepperdine University

Is Culture A Justiciable Issue? , Jessica L. Darraby

Pepperdine Law Review

No abstract provided.


Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli 2012 Pepperdine University

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.


May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba 2012 Northwestern Pritzker School of Law

May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba

Northwestern Journal of Law & Social Policy

This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …


To “Advice And C̶O̶N̶S̶E̶N̶T̶Delay”: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell 2012 Northwestern Pritzker School of Law

To “Advice And C̶O̶N̶S̶E̶N̶T̶Delay”: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell

Northwestern Journal of Law & Social Policy

Political and partisan battles over nominees to the federal courts of appeal have reached unprecedented levels. This article considers the reasons for this change in the process. Using evidence from law and political science, this article proposes that current confirmation struggles are greatly influenced by increased involvement of interest groups in the process. The article tests the role of interest groups through an in-depth examination of George W. Bush’s nomination of Leslie H. Southwick to the Fifth Circuit Court of Appeals. Utilizing the Southwick case study, the article provides evidence of how interest groups impact the confirmation process by designating …


The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell 2012 Northwestern Pritzker School of Law

The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell

Northwestern Journal of Law & Social Policy

An essay of only five short paragraphs published several years ago by the noted Harvard paleontologist Stephen Jay Gould about a controversial call by baseball umpire Babe Pinelli provides all the foundation necessary for a thorough investigation of the phenomenon of legal reasoning. The present article contrasts Gould’s analysis of a “strike” with the comment by then-Judge John Roberts at his Supreme Court confirmation hearings that he just wanted to “call [the] balls and strikes,” and through this exchange develops a new approach toward identifying—and teaching—the basic elements of sophisticated legal thinking. This article divides legal reasoning into four interrelated …


Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash 2012 Pepperdine University

Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash

Pepperdine Law Review

No abstract provided.


Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle 2012 Pepperdine University

Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle

Pepperdine Law Review

No abstract provided.


Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon McLin Carlyle 2012 Pepperdine University

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.


Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg 2012 Pepperdine University

Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg

Pepperdine Law Review

No abstract provided.


The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton 2012 Pepperdine University

The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton

Pepperdine Law Review

No abstract provided.


The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith III 2012 Pepperdine University

The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii

Pepperdine Law Review

No abstract provided.


California's Constitutional Right To Privacy, J. Clark Kelso 2012 Pepperdine University

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.


Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe 2012 Pepperdine University

Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe

Pepperdine Law Review

No abstract provided.


Vaccines And The Law, Michael Sanzo Ph.D. 2012 Pepperdine University

Vaccines And The Law, Michael Sanzo Ph.D.

Pepperdine Law Review

The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …


United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. McKinnon 2012 Pepperdine University

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.


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