Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission ,
2013
Pepperdine University
Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie
Journal of the National Association of Administrative Law Judiciary
This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study,
2013
William & Mary Law School
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
Virginia Coastal Policy Center
No abstract provided.
Why States Should Ban Adolescent Driving (Cont'd),
2013
William & Mary Law School
Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton
Popular Media
No abstract provided.
If You Give A Mouse A Cookie: California's Section 11135 Fails To Provide Plaintiffs Relief In Darensburg V. Metropolitan Transportation Commission,
2013
Golden Gate University School of Law
If You Give A Mouse A Cookie: California's Section 11135 Fails To Provide Plaintiffs Relief In Darensburg V. Metropolitan Transportation Commission, Kate Baldridge
Golden Gate University Law Review
This Note examines Darensburg and the evidentiary problems faced by plaintiffs entangled in the bus-versus-rail controversy that are inherent to disparate-impact litigation. Part I discusses the factual background of Darensburg and relevant federal and state law concerning claims of both intentional and disparate-impact discrimination. Part II examines disparate-impact jurisprudence in the context of the unequal distribution of municipal services as background to the complexity of the issues presented in Darensburg. Part III analyzes the Darensburg opinion in light of that background and shows that the burden-of-proof issues faced by plaintiffs are illustrative of the lack of effective guidance to …
Why States Should Ban Adolescent Driving,
2013
William & Mary Law School
Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Popular Media
No abstract provided.
Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions ,
2013
Pepperdine University
Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson
Pepperdine Law Review
In the aftermath of one of the most highly publicized trials in product liability annals-the celebrated Pinto case-the legal question raised by that litigation remains unresolved. Controversy continues as to whether a corporation should be convicted of homicide when it knowingly markets an unsafe product that results in death. Today the answer is a resounding "no", in light of state statutes defining homicide as the killing of one human being by another, difficulties in finding the requisite criminal intent; and the practical problems of placing a legal fiction behind bars. However, there are recent indications that these present obstacles to …
Punitive Damages And The Drunken Driver,
2013
Pepperdine University
Punitive Damages And The Drunken Driver, William C. Cooper
Pepperdine Law Review
A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …
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.
The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E),
2013
Pepperdine University
The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk
Pepperdine Law Review
When aviation accidents occur, the National Transportation Safety Board conducts an investigation to determine the conditions, circumstances, and ultimately the probable cause of the accident. There is a federal statutory privilege which renders these reports, as well as testimony from the attending investigator, inadmissible as evidence in any suit or action arising from the accident. However, certain judicially created exceptions have arisen which permit portions of the report and certain investigator testimony to be admitted into evidence. The authors delineate and analyze these exceptions as they discuss the trend toward increased report and testimony admissibility. The authors conclude with a …
Legislative Update: Revisions In The California Drunk Driving Law,
2013
Pepperdine University
Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth
Pepperdine Law Review
No abstract provided.
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.
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? ,
2013
Pepperdine University
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Pepperdine Law Review
On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.
Air Bag Litigation: Plaintiffs, Start Your Engines,
2013
Pepperdine University
Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters
Pepperdine Law Review
No abstract provided.
Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute,
2013
Pepperdine University
Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt
Pepperdine Law Review
No abstract provided.
Seeing Red: The Legal Backlash Against Red-Light Cameras In Florida,
2013
University of Florida Levin College of Law
Seeing Red: The Legal Backlash Against Red-Light Cameras In Florida, Nicole Kuncl
Florida Law Review
This Note will examine Florida’s Mark Wandall Traffic Safety Act, which authorizes the use of traffic infraction detectors (red-light cameras) to enforce traffic laws. Florida, like many other states, currently finds itself in the midst of a heated debate over the use of red-light cameras to issue traffic citations. Strong arguments can be made both for and against this policy, but there are some who absolutely refuse to accept it, for both constitutional and practical reasons. If opponents hope to end all use of red-light cameras in the state, however, they will need to acknowledge that judicial opinion is overwhelmingly …
It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts ,
2013
Pepperdine University
It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson
Pepperdine Law Review
No abstract provided.
Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries,
2013
Pepperdine University
Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.
Pepperdine Law Review
No abstract provided.
Take The Bus? Or Get Busted?: The Relationship Of “Driving While Suspended” (Dws) To The Availability Of Public Bus Transportation,
2013
Marshall University
Take The Bus? Or Get Busted?: The Relationship Of “Driving While Suspended” (Dws) To The Availability Of Public Bus Transportation, Phil Amerine, Angela Crews
Angela Crews
This presentation discusses the results of a project that examined the relationship between arrest for "driving while suspended" (DWS) and driver access to bus transportation. Seventy cases were randomly selected from all 2004 cases of license suspensions among adult drivers in Lawrence, Kansas. Drivers subsequently arrested for DWS during 2005/2006 were compared to drivers who were not in terms of access to bus transportation (distance from residence to bus stop; whether bus was operating). Other measured variables included driver sex, race, and age. Policy implications related to the prevention of DWS are discussed.
Chapter 720: Throwback License Plates Give Old Cars New Flair,
2013
Pacific McGeorge School of Law
Chapter 720: Throwback License Plates Give Old Cars New Flair, Anthony Schiavo
McGeorge Law Review
No abstract provided.
Chapter 570: Paving The Way For Autonomous Vehicles,
2013
Pacific McGeorge School of Law
Chapter 570: Paving The Way For Autonomous Vehicles, Danielle Lenth
McGeorge Law Review
No abstract provided.
