Recent Scholarship | Faculty & Research | School of Law | Pepperdine University

Recent Scholarship

Edward J. Larson, The Return Of George Washington: 1783-1789 (2014)

Professor Ed Larson

Pulitzer Prize-winning author and Hugh & Hazel Darling Professor of Law Edward J. Larson has received wide acclaim in the New York Times and Wall Street Journal for his 2014 study of George Washington's little-known activities between his retirement from the Continental Army and his return to lead the Constitutional Convention and ultimately the country. Read book description on HarperCollins website

Michael A. Helfand, Arbitration's Counter-Narrative: The Religious Arbitration Paradigm, 124 Yale L.J. 2680 (2015)

Michael Helfand

The exclusive focus on arbitration's standard narrative has left unexplored a competing arbitral narrative — a counter-narrative of sorts — that examines the contexts in which arbitration differs from adjudication because it aims to promote an alternative set of values beyond simply resolving disputes. Read abstract on SSRN

Maureen Weston, The Clash: Mandatory Arbitration and Administrative Agency and Representative Access, 89 S. Cal. L. Rev. ___ (2015)

Pepperdine Law Professor Maureen Weston

Mandatory pre-dispute arbitration clauses, which require individual final and binding arbitration and which exclude class or representative actions, whether in court or arbitration, are often embedded in employment contracts and nearly all aspects of commercial and consumer transactions. Read abstract on SSRN

Bernard James, T.L.O. and Cell Phones: Student Privacy and Smart Devices After Riley v. California, 101 Iowa L. Rev. 343 (2015)

Bernie James

A ruling by the United States Supreme Court will often alter a single
element of a rule of law in a manner that effects change throughout the
doctrine itself. This is plainly evident in the search-and-seizure case of Riley v. California. Read more

Donald E. Childress III, Is an International Arbitral Tribunal the Answer to the Challenges of Litigating Transnational Human Rights Cases in a Post-Kiobel World?, 19 UCLA J. Int'l & Foreign Aff. 31 (2015)

Donald Childress

Just a few months after a symposium was held at the UCLA School of Law on the future of international human rights litigation in the wake of Kiobel v. Royal Dutch Petroleum, ... a group of international lawyers and human rights activists put forward a proposal for the establishment of an international arbitral tribunal on business and human rights (the "Tribunal"). Read more on SSRN

Gregory S. McNeal, Targeted Killing and Accountability, 102 Geo. L.J. 681 (2014)

Greg McNeal

This article is a comprehensive examination of the U.S. practice of targeted killings. It is based in part on field research, interviews, and previously unexamined government documents. Read more on SSRN

David S. Han, Rethinking Speech-Tort Remedies, 2014 Wis. L. Rev. 1135

David Han

Courts generally craft speech-tort jurisprudence as a binary proposition. Any time state tort law and the First Amendment come into potential conflict, courts typically hold either that the First Amendment comes into play and the defendant is completely exempt from traditional tort liability, or that it does not come into play and the plaintiff is entitled to the full complement of tort remedies. Read more on SSRN

Babette Boliek, Antitrust, Regulation and the 'New' Rules of Sports Telecasts, 65 Hastings L.J. 501 (2014)

Babette Boliek

This Article presents a novel, quantitative analysis of sports league antitrust jurisprudence to present a counter to cries for increased regulatory scrutiny of these joint ventures. The results demonstrate that antitrust is not only capable of policing joint ventures, but that such review is recently revitalized by the Supreme Court's decision in American Needle v. NFL. Read more on SSRN