Past
Volume 34
Symposium: Balancing Career & Family: A Work/Life Symposium
- Laura T. Kessler, Keeping Discrimination Theory Front and Center in the Discourse Over Work and Family Conflict
- Richard N. Block, Work-Family Legislation in the United States, Canada, and Western Europe: A Quantitative Comparison
- Katharine K. Baker, Supporting Children, Balancing Lives
- Joan C. Williams, Stephanie Bornstein, Diana Reddy & Betsy A. Williams, Law Firms as Defendants: Family Responsibilities Discrimination in Legal Work Places
- Marlena Studer, Negotiating the "Labor of Love": How Resources, Time, and Gender Shape Parenting Agreements
- Debra Wong Yang & Patricia A. Donahue, Protecting Children From Online Exploitation and Abuse: An Overview of Project Safe Childhood
Symposium: The Rookie Year of the Roberts Court & A Look Ahead
- Douglas W. Kmiec, Overview of the Term: The Rule of Law & Robert's Revolution of Restraint
- Akhil Reed Amar, Criminal Justice
- Erwin Chemerinsky. Civil Rights
- Elizabeth Garrett, The Political Process
- Douglas W. Kmiec, The Separation of Powers: Hamdan v. Rumsfeld - The Anti-Roberts
- Kenneth W. Starr, The Roberts Court Gets Down to Business: The Business Cases
- David G. Savage, Marcia Coyle, Gina Holland, Evaluating the New Justices in Light of the Confirmation Ordeal
A Tribute to Judge Byrne
- Various Contributors, Remembering Judge Byrne
Lead Articles
- Jeffrey L. Kirchmeier, Casting a Wider Net: Another Decade of Legislative Expansion of the Death Penalty in the United States
- Justin Long, Intermittent State Constitutionalism
- Joel A. Nichols, Essay, Dual Lenses: Using Theology and International Human Rights to Assess China's 2005 Regulation on Religion
- Paul Kuruk, Goading a Reluctant Dinosaur: Mutual Recognition Agreements as a Policy Response to the Misappropriation of Foreign Traditional Knowledge in the United States
- David Coale & Wendy Couture, Loud Rules
- Steven D. Wasserman, Michael L. Fox, Michael C. Scanlon, Sunny C. Shapiro, & Anne Cherry Barnett, Asbestos Litigation in California: Can it Change for the Better?
- Stefan J. Padfield, Who Should Do the Math? Materiality Issues in Disclosures that Require Investors to Calculate the Bottom Line
- Stephen E. Henderson, Beyond the (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, and the Rest of Us Too
- Diana S. Sykes, Lecture, "Of a Judiciary Nature": Observations on Chief Justice's First Opinions
Student Articles
- Audrey Maness, Does the First Amendment's "Right of Access" Require Court Proceedings to be Televised? A Constitutional and Practical Discussion - The Ronald Sorenson Award Winner
- Ezra D. Landes, I Am the Walrus - No, I Am!: Can Paul McCartney Transpose the Ubiquitous "Lennon/McCartney" Songwriting Credit to Read "McCartney/Lennon?" An Exploration of the Surviving Beatle's Attempt to Re-Write Music Lore, as it Pertains to the Bundle of Intellectual Property Rights
- Kim Millman, An Argument for Cadillacs Instead of Chevrolets: How the Legal System Can Facilitate the Needs of the Twice-Exceptional Child
- Aurele Danoff, "Raised Eyebrows" Over Satellite Radio: Has Pacifica Met its Match?
- Hannah Dyer, Keeping Faith: The United States Military Enlistment Contract and the Implementation of Stop-Loss Measures
- Gunnar Gundersen, Exxon Mobil Corp. v. Allapattah Services, Inc.: The Wrath of Zahn. The Supreme Court's Requiem for "Sympathetic Textualism"
- Gabriel Egli, Don't Get Bit: Addressing ICSID's Inconsistent Application of Most-Favored-Nation Clauses to Dispute Resolution Provisions
- Jeffrey T. Cook, The Evolution of Investment-State Dispute Resolution in NAFTA and CAFTA: Wild West to World Order
- Whitney Cawley, Raising the Bar: How Rompilla v. Beard Represents the Court's Increasing Efforts to Impose Stricter Standards for Defense Lawyering in Capital Cases
Note: All Student Articles Were Written by Students of Pepperdine University School of Law.
Volume 33
Symposium: Federal Preemption of State Tort Law: The Problem of Medical Drugs and Devices
- Kenneth W. Starr, Reflections on Hines v. Davidowitz: The Future of Obstacle Preemption
- Edward J. Larson, Building a Nation from Thirteen States: The Constitutional Convention and Preemption
- Robert R. Gasaway, The Problem of Federal Preemption: Reformulating the Black Letter Rules
- Stephen Gardbaum, Congress's Power to Preempt the States
- Erwin Chemerinsky, Empowering States: The Need to Limit Federal Preemption
- Michael S. Greve, Federal Preemption: James Madison, Call Your Office
- Erwin Chemerinsky, Empowering States: A Rebuttal to Dr. Greve
- David C. Vladeck, Preemption and Regulatory Failure
Lead Articles
- Victor E. Schwartz & Emily J. Laird, Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule
- Jennifer A. Turner, Going After the 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct or the Negligent Practice of Medicine?
- Joseph Siprut, Privacy Through Anonymity: An Economic Argument for Expanding the Right of Privacy in Public Places
- Gideon Kanner, The Public Use Clause: Constitutional Mandate of "Hortatory Fluff"?
- Colin P. Marks, The Limits of Limiting Liability in the Battle of the Forms: U.C.C. Section 2-207 and the "Material Alteration" Inquiry
- Bridgette A. Carr, We Don't Need to See Them Cry: Eliminating the Subjective Apprehension Element of the Well-Founded Fear Analysis for Child Refugee Applicants
- Jeremy M. Miller, Judicial Recusal and Disqualification: The Need for a Per Se Rule on Friendship (Not Acquaintance)
- Sandra D. Jordan, Have We Come Full Circle? Judicial Sentencing Discretion Revived in Booker and Fanfan
- Ursula H. Weigold, the Attorney-Client Privilege as an Obstacle to the Professional and Ethical Development of Law Students
- Hannibal Travis, Building Universal Digital Libraries: An Agenda for Copyright Reform
- Jeffrey A. Cooper, Interstate Competition and State Death Taxes: A Modern Crisis in Historical Perspective
- Paul von Nessen, Is There Anything To Fear in Transnationalist Development of Law? The Australian Experience
Fleming Award 2004
- Stephen D. Sugarman, Presenting the Fleming Award to Justice Allen Linden at Pepperdine University School of Law
- Justice Allen M. Linden, Acceptance Speech: The Fleming Award 2004
Student Articles
- Phillip J. Giese, Till v. SCS Credit Corp.: Can You "Till" Me How to Cram This Down?: The Supreme Court Addresses the Proper Approach to Calculating Cram Down Interest Rates
- Robert A. Hull, "What Hath Hiibel Wrought?" The Constitutionality of Compelled Self-Identification
- Jamie C. Chanin, What Is It Good For? Absolutely Nothing: Eliminating Disparate Treatment of Third Party Sexual Harassment and All Other Forms of Third Party Harassment The Ronald Sorenson Award Winner
- Eric English, You Have the Right To Remain Silent. Now Please Repeat Your Confession: Missouri v. Seibert and the Court's Attempt to Put an End to the Question-First Technique
- Virginia Monken Gomez, The Sosa Standard: What Does It Mean for Future ATS Litigation?
- Rose A. Zukin, We Talk, You Listen: Should Shareholders' Voices Be Heard or Stifled When Nominating Directors? How the Proposed Shareholder Director Nomination Rule Will Contribute to Restoring Proper Corporate Governance
- Zach Dostart, Selective Disclosure: The Abrogation of the Attorney-Client Privilege and the Work Product Doctrine
Volume 32
Symposium Articles
- The Honorable Griffin B. Bell, Asbestos and the Sleeping Constitution
- Griffin Bell is a senior partner in the law firm of King & Spalding in Atlanta, Georgia. He was appointed by President Kennedy to the U.S. Court of Appeals for the Fifth Circuit in 1961. In 1977, President Carter appointed Judge Bell to be the 72nd Attorney General of the United States. Judge Bell served in that post until 1979. From 1985-86, he was President of the American College of Trial Lawyers.
- David E. Bernstein, Keeping Junk Science out of Asbestos Litigation
- David Bernstein is a Professor of Law at George Mason University School of Law
- Alan Brayton, Alternatives to Asbestos Impairment Standards
- Alan Brayton is the founder and senior partner of the Marin County, California law firm of Brayton Purcell. He has represented injured individuals and their families in matters of personal injury, products liability, and mass tort litigation for over 20 years.
- Lester Brickman, On the Theory Class's Theories of Asbestos Litigation: The Disconnect Between Scholarship and Reality
- Lester Brickman is a Professor of Law at Benjamin N. Cardozo School of Yeshiva University
- The Honorable Alfred Chiantelli, Judicial Efficiency In Asbestos Litigation
- Judge Chiantelli heard and resolved thousands of cases during a twenty-year judicial career. While on the California bench, Judge Chiantelli served as Coordinator of Asbestos Litigation for the San Francisco Superior Court. As a presiding judge, he developed extensive case management and trial experience in numerous areas of complex litigation, including asbestos cases.
- Roger C. Cramton, Lawyer Ethics on the Lunar Landscape of Asbestos Litigation
- Roger C. Cramton is the Robert S. Stevens Professor of Law Emeritus, Cornell University Law School.
- Richard L. Cupp, Jr., Asbestos Litigation and Bankruptcy: A Case Study For Ad Hoc Public Policy Limitation on Joint and Several Liability
- Richard Cupp is a Professor of Law and the Associate Dean for Academics, Pepperdine University School of Law.
- Steven Kazan, Legislative Attempts to Address Asbestos Litigation
- Steven Kazan is the founding, senior, and managing partner of the Oakland law firm of Kazan, McClain, Edises, Abrams, Fernandez, Lyons & Farrise, PLC. He has represented the interests of asbestos victims since 1974.
- Francis E. McGovern, Asbestos Legislation II: Section 524(g) Without Bankruptcy
- Francis McGovern is a Professor of Law at Duke University School of Law. He is a leading authority on alternative dispute resolution techniques and mass tort litigation.
- George L. Priest, The Cumulative Sources of the Asbestos Litigation Phenomenon
- George Priest is the John M. Olin Professor of Law and Economics at Yale Law School.
- Victor E. Schwartz, Mark A. Behrens & Rochelle M. Tedesco, Addressing the "Elephantine Mass" of Asbestos Cases: Consolidation Versus Inactive Dockets (Pleural Registries) and Case Management Plans That Defer Claims Filed by the Non-Sick
- Victor Schwartz is a senior partner and chairs the Public Policy Group in the Washington, D.C. office of Shook, Hardy & Bacon L.L.P. He is co-author of the most widely used torts casebook in the United States, PROSSER, WADE AND SCHWARTZ'S TORTS (10th ed. 2000), and author of COMPARATIVE NEGLIGENCE (4th ed. 2002). He served on the Advisory Committees to the Restatement of the Law Of Torts projects on Products Liability and Apportionment of Liability, and currently sits on the Advisory Committee to the Restatement of the Law Of Torts: General Principles.
- Mark Behrens is a partner in the law firm of Shook, Hardy & Bacon L.L.P. in Washington, D.C. He practices in the firm's Public Policy Group.
- Rochelle Tedesco received a J.D. from the University of Michigan School of Law in 2000.
- Charles Silver, Merging Roles: Mass Tort Lawyers as Agents and Trustees
- Charles Silver is the Co-Director, Center on Lawyers, Civil Justice, and the Media and Cecil D. Redford Professor, University of Texas School of Law
Lead Articles
- T. Leigh Anenson, J.D., LL.M., Absolute Immunity From Civil Liability: Lessons for Litigation Lawyers
- Donald L. Beschle, Kant's Categorical Imperative As An Unspoken Factor In Constitutional Rights Balancing
- Henry F. Fradella, Lauren O'Neill, and Adam Fogarty, The Impact of Daubert on Forensic Science
- Henry Fradella is an Associate Professor of Law and Justice at The College of New Jersey.
- Lauren O'Neill received a B.S. from the College of New Jersey in 2002.
- Adam Fogarty is a B.S. candidate at the College of New Jersey.
- Jonathan M. Gutoff, Fugitive Slaves and Ship-Jumping Sailors: The Implied Power Over National Labor Markets
- Jonathan Gutoff is an Associate Professor of Law and the Acting Director of Marine Affairs at Roger Williams University School of Law.
- Reverend Raymond C. O'Brien, Clergy, Sex and the American Way
- Reverend O'Brien is a Professor of Law at The Catholic University of America in Washington, D.C.
- Celia Rumann, Tortured History: Finding our way back to the Lost Origins of the Eighth Amendment
- Prentice L. White, Stopping the Chronic Batterer Through Legislation: Will It Work This Time?
Student Articles
- Heather Burgess, State Limits: Can One State Rule the Country? One State Awarding Punitive Damages for Nationwide Conduct
- Andrea Kloehn, Toyota Motor Manufacturing v. Williams: A Case of Carpal Tunnel Syndrome Weakens the Grip of the Americans With Disabilities Act
- Jason E. Barsanti, Ring v. Arizona: The Sixth and Eighth Amendments Collide: Out of the Wreckage Emerges a Constitutional Safeguard for Capital Defendants
- Lisa M. Odom, Jumping on the Bandwagon: The Supreme Court Prohibits the Execution of Mentally Retarded Persons in Atkins v. Virginia
- Joshua S. Stambaugh, Alabama v. Shelton: One Small Step for Man, One Very Small Step for the Sixth Amendment Right to Counsel
- Heidi Feldman, The Fifth Amendment Right Against Self-Incrimination: An In Depth Look at McKune v. Lile
- Virginia F. Milstead, Ashcroft v. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under the First Amendment?
- Bryan Stephenson, Does the EEOC Have an "Inability to Interact" With the Federal Courts?
- Aaron Cain, Faith-Based Initiative Proponents Beware: The Real Winner in Zelman is not Neutrality
- Nathan Dwyer, Utah v. Evans, A Census, A Sampling and A Stolen Congressional Seat
- Charity Hansen, Stem Cell Research and Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose a Problem For Federalism?
Note: All Student Articles Were Written by Students of Pepperdine University School of Law.