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Past Publications

VOLUME 39

Symposium: Supreme Mistakes

  • Edward J. Larson, Anti-Canonical Considerations
  • Daniel A. Farber, A Fatal Loss of Balance: Dred Scott Revisited
  • Paul Finkelman, Coming to Terms With Dred Scott: A Response to Daniel A. Farber
  • Akhil Reed Amar, Plessy v. Ferguson and the Anti-Canon
  • Barry P. McDonald, A Reluctant Apology for Plessy: A Response to Akhil Amar
  • Victoria Nourse, Buck v. Bell: A Constitutional Tragedy From a Lost World
  • Edward J. Larson, Putting Buck v. Bell in Scientific and Historical Context: A Response to Victoria Nourse
  • Suzanna Sherry, Wrong, Out of Step, and Pernicious: Erie as the Worst Decision of All Time
  • Donald Earl Childress III, Redeeming Erie: A Response to Suzanna Sherry
  • Erwin Chemerinsky, Korematsu v. United States: A Tragedy Hopefully Never to be Repeated
  • Robert J. Pushaw, Jr., Explaining Korematsu: A Response to Dean Chemerinsky G.
  • Edward White, Determining Notoriety in Supreme court Decisions

Lead Articles

  • Cheryl B. Preston, Cyberinfants
  • Amy J. Schmitz, Access to Consumer Remedies in the Squeaky Wheel System
  • Anne Bowen Poulin, Experience-Based Opinion Testimony: Strengthening the Lay Opinion Rule
  • Victor B. Flatt, "Offsetting" Crisis?⎯Climate Change Cap-and-Trade Need Not Contribute to Another Financial Meltdown
  • Peter Margulies, Reforming Lawyers in Irrelevance?: Reconciling Crisis and Constraint at the Office of Legal Counsel
  • William A. Reppy, Jr. Can Wrongful Death Damages Recovered by a Married Person Be Separate Property under California Law?

Lecture

  • Melvin I. Urofsky, Mr. Justice Brandies and the Art of Judicial Dissent

Student Articles

  • Geelan Fahimy, Liable for Your Lies: Misrepresentation Law as a Mechanism for Regulating Behavior on Social Networking Sites
    • Sorenson Award Winner
  • John T. Ceglia, The Disappearing Schoolhouse Gate: Applying Tinker in the Internet Age
  • Bradley D. Easterbrooks, Overreach on the High Seas
  • Tina Javaherian, Seeking Asylum for Former Child Soldiers and Victims of Human Trafficking
  • Brittney M. Lane, Testing the Borders: The Boundaries of State and Local Power to Regulate Illegal Immigration
  • Kelline Renee Linton, Scholastic Steroids: Is Generation Rx Cognitively Cheating?
  • Kyle Malone, The Fourth Amendment and the Stored Communications Act: Why the Warrantless Gathering of Historical Cell Site Location Information by the Government Poses No Threat to Constitutional Privacy Rights
  • Kristopher Wood, Short Circuiting the Justice System: Should a Defendant Be Permitted to Extinguish a Plaintiff's Claim Using a Writ of Execution?

 


 

 Volume 38

Student Articles

  • Daniel W. Robertson, In Defense of Plausibility: Ashcroft v. Iqbal and What the Plausibility Standard Really Means 
    • Sorenson Award Winner
  • Charles M. Cannizzaro, Marriage in California: Is the Federal Lawsuit Against Proposition 8 About Applying the Fourteenth Amendment or Preserving Federalism?
  • William A. Glaser, Worshiping Separation: Worship in Public Buildings and the Establishment Clause
  • Gabriel Serbulea, Judicial Disqualification: Current Law and Potential Solutions
  • Kelsey E. Stapler, The Auditor for the Auditors' Auditor: Accounting for the Unitary Executive in Free Enterprise v. Public Company Accounting Oversight Board
  • Amir Mohammed Tikriti, Beyond the Executive Agreement: The Foreign Policy Preference Under Movsesian and the Return of the Dormant Foreign Affairs Power in Norton Simon
  • Jennifer M. Vagle, Putting the Product in Reproduction: The Viability of a Products Liability Action for Genetically Defective Sperm

 

Volume 37

Symposium: Bringing Down the Curtain on the Current Mortgage Crisis and Preventing a Return Engagement

  • Ann M. Burkhart , Bringing Manufactured Housing into the Real Estate Finance System
  • R. Wilson Freyermuth, Foreclosure by Arbitration? • Melissa B. Jacoby, The Value(s) of Foreclosure Law Reform
  • Alex M. Johnson, Jr., Preventing a Return Engagement: Eliminating the Mortgage Purchasers' Status as a Holder-in-Due-Course: Properly Aligning Incentives Among the Parties
  • Grant S. Nelson, Confronting the Mortgage Meltdown: A Brief for the Federalization of State Mortgage Foreclosure Law
  • Mark S. Scarberry, A Critique of Congressional Proposals to Permit Modification of Home Mortgages in Chapter 13 Bankruptcy
  • Dale A. Whitman, How Negotiability Has Fouled Up the Secondary Mortgage Market, and What to Do About It

Lead Articles

  • Mark Klock, Contrasting the Art of Economic Science with Pseudo-Economic Nonsense: The Distinction Between Reasonable Assumptions and Ridiculous Assumptions
  • Marin Roger Scordato, Innocent Threats, Concealed Consent, and the Necessary Presence of Strict Liability in Traditional Fault-Based Tort Law
  • Michael I. Meyerson & William Meyerson, Significant Statistics: The Unwitting Policy Making of Mathematically Ignorant Judges
  • Paul Taylor, Congress's Power to Regulate the Federal Judiciary: What the First Congress and the First Federal Courts Can Teach Today's Congress and Courts
  • Rebecca J. Huss, Why Context Matters: Defining Service Animals Under Federal Law
  • R. George Wright, What Counts as "Speech" in the First Place?: Determining the Scope of the Free Speech Clause
  • Adam Levitin, Back to the Future with Chapter 13: A Response to Professor Scarberry
  • Mark S. Scarberry, Mortgage Wars Episode V—The Empiricist Strikes Back (or Out): A Reply to Professor Levitin's Response

Student Articles

  • Justin T. Barkowski, Managing Air Traffic Congestion Through the Next Generation Air Transportation System: Satellite-Based Technology, Trajectories, and—Privatization?
  • Amy Hinkley, Scrutinize This!: The Questionable Constitutionality of Gender-Conscious Admissions Policies Utilized by Public Universities
  • Ryan D. Wheeler, The Supreme Court Lends States a Break: Department of Revenue of Kentucky v. Davis and the Civic Responsibility Exception to the Negative Commerce Clause
  • Michael Floryan, Cracking the Foundation: Highlighting and Criticizing the Shortcomings of Mandatory Inclusionary Zoning Practices
  • Amanda Kelley Myers, Importing Democracy: Can Lessons Learned from Germany, India, and Australia Help Reform the American Electoral System?
  • Joel A. Sherwin, Are Bills of Attainder the New Currency? Challenging the Constitutionality of Sex Offender Regulations That Inflict Punishment Without the "Safeguard of a Judicial Trial"
  • Sarah J. Wild, On Equal Footing: Does Accommodating Athletes with Disabilities Destroy the Competitive Playing Field or Level It?

 


 

 

Volume 36

Symposium: Free Speech in the Modern Age

  • Geoffrey R. Stone, Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century

       Free Speech in an Era of Terrorism

  • Frederick Schauer, Is it Better to Be Safe than Sorry?: Free Speech and the Precautionary Principle
  • Rodney A. Smolla, Words “Which By Their Very Utterance Inflict Injury”: The Evolving Treatment of Inherently Dangerous Speech in Free Speech Law and Theory
  • Nadine Strossen, The Regulation of Extremist Speech in the Era of Mass Digital Communications: Is Brandenburg Tolerance Obsolete in the Terrorist Era?

       Campaign Finance Regulation in the Modern Age

  • Samuel Issacharoff, The Constitutional Logic of Campaign Finance Regulation
  • Barry P. McDonald, Campaign Finance Regulation and the Marketplace of Emotions
  • Lillian R. BeVier, Can Freedom of Speech Bear the Twenty-First Century’s Weight?
  • Free Speech and Press in the Digital Age:
  • Jack M. Balkin, The Future of Free Expression in a Digital Age
  • L.A. Powe, Jr., Red Lion and Pacifica: Are they Relics?

 

Symposium: Higher Law

       Preface

  • Steven D. Smith, Higher Law Questions: A Prelude to the Symposium

       Historic Proponents and the Critics of Higher Law

  • Kenneth G. Elzinga, Law and Economics: Is There a Higher Law?
  • Peter Gabel, Critical Legal Studies as a Spiritual Practice
  • John Henry Schlegel, For Peter, With Love

       Theology and the Higher Law

  • Elizabeth Mensch, Cain’s Law
  • Ellen S. Pryor, What Can We Hope For from Law?
  • Joan Lockwood O’Donovan, Law and Redemption: Political Judgment and the Church’s Proclamation
  • William S. Brewbaker III, Law, Higher Law, and Human Making
  • Yitzchok Adlerstein, Theology and the Higher Law

       Philosophy and the Higher Law

  •  Connie S. Rosati, Is There a “Higher Law”? Does It Matter?
  •  V. Bradley Lewis, Higher Law and the Rule of Law: The Platonic Origin of an Ideal
  •  Dallas Willard, Why It Matters Whether There Is a Higher Law or Not

 

Lead Articles

  • David Crump, Natural Selection, Irreducible Complexity, and the Bacterial Flagellum: A Contrarian Approach to the Intelligent Design Debate
  • Nancy Leong, The Saucier Qualified Immunity Experiment: An Empirical Analysis
  • Byron G. Stier, Another Jackpot (In)Justice: Verdict Variability and Issue Preclusion in Mass Torts
  • Jeffrey L. Harrison, Happiness, Efficiency, and the Promise of Decisional Equity: From Outcome to Process
  • Colin Miller, Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should be Treated Like Criminal Defendants Under the Felony Impeachment Rule
  • Douglas G. Smith, The Twombly Revolution?

 

Student Articles

  • Katie M. Benton, Can Copyright Law Perform the Perfect Fouetté?: Keeping Law and Choreography on Balance to Achieve the Purposes of the Copyright Clause

        – The Ronald Sorenson Award Winner

  • Brian D. Fahy, Given an Inch, the Detainee Effort to Take a Mile: The Detainee Legislation and the Dangers of the “Litigation Weapon in Unrestrained Enemy Hands”
  • Jonathan M. Lamb, The Muted Rise of the Silent Witness Rule in National Security Litigation: The Eastern District of Virginia’s Answer to the Fight Over Classified Information at Trial
  • Chris Gaspard, Note, Kimbrough and Gall: Taking Another “Crack” at Expanding Judicial Discretion Under the Federal Sentencing Guidelines
  • Steven R. Houchin, Confronting the Shadow: Is Forcing a Muslim Witness to Unveil in a Criminal Trial a Constitutional Right, or an Unreasonable Intrusion?
  • Michael Isaac Miller, The Class Action (Un)Fairness Act of 2005: Could it Spell the End of the Multi-State Consumer Class Action?
  • Brett Edwin LoVollette, “Mortal [K]ombat In Cleats”: An Examination of the Effectiveness of the National Football League’s Disability Plan and Its Impact on Retired Players
  • Michelle Kay Pulley, Government Tan Lines: Examining the Reach and Effectiveness of Federal and State Efforts to Protect Consumers from the Dangers of Indoor Tanning

Note: All Student Articles Were Written by Students of Pepperdine University School of Law.

                                                                                                                                

Volume 35

The Inaugural William French Smith Memorial Lecture
  • Honorable Samuel A. Alito Jr., Douglas W. Kmiec, Carter G. Phillips & Kenneth W. Starr, A Look at Supreme Court Advocacy With Justice Samuel Alito
An Enigmatic Court? Examining the Roberts Court as it Begins Year Three
  • Douglas W. Kmiec & Kenneth W. Starr, Introduction
  • Joan Biskupic, The Alito/O'Connor Switch
  • Jeffrey Rosen, The Roberts Court & Executive Power
  • Douglas W. Kmiec, Standing Still—Did the Roberts Court Narrow, but Not Overrule, Flast to Allow Time to Re-think Establishment Clause Jurisprudence?
  • Vikram Amar, Criminal Justice
  • Kathleen M. Sullivan, Free Speech
  • Kenneth W. Starr, The Roberts Court & The Business Cases
  • Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr & Kathleen M. Sullivan, Roundtable Discussion
Post-Grutter: What Does Disversity Mean in Legal Eduction and Beyond?
  • John Payton, Democracy and Diversity
  • D. Marvin Jones, Plessy's Ghost: Grutter, Seattle, and the Quiet Reversal of Brown
  • Alma Clayton-Pedersen & Sonja Clayton-Pedersen, "Making Excellence Inclusive" in Education and Beyond
  • Patrick M. Garry, How Strictly Scrutinized?: Examining the Educational Benefits the Court Relied Upon in Grutter
  • Chris Chambers Goodman, Retaining Diversity in the Classroom: Strategies for Maximizing the Benefits that Flow from a Diverse Student Body
  • Kenneth B. Nunn, Diversity as a Dead-End
Lead Articles
  • Michael D. Moberly, The Disability History Mystery: Assessing the Employer's Reasonable Accommodation Obligation in "Record of Disability" Cases
  • Stephen E. Gottlieb, What Federalism & Why? Science Versus Doctrine
  • Robert R. Rigg, The T-Rex Without Teeth: Evolving Strickland v. Washington and the Test for Ineffective Assistance of Counsel
  • Sandeep Gopalan, Say on Pay and the SEC Disclosure Rules: Expressive Law and CEO Compensation
  • Konrad S. Lee, "When Johnny Comes Marching Home Again" Will He Be Welcome at Work?
  • Josh Eagle, The Practical Effects of Delegation: Agencies and the Zoning of Public Lands and Seas
  • Virgil Wiebe, For Whom the Little Bells Toll: Recent Judgments by International Tribunals on the Legality of Cluster Munitions
Student Articles
  • Lynsey Blackmon, The Devil Wears Prado: A Look at the Design Piracy Prohibition Act and the Extension of Copyright Protection to the World of Fashion

  • Natalie Rainforth, Campaign Finance and Randall v. Sorrell: How Much is Too Much and Who Decides? The Court's Splintering Devotion to Its Own Problematic Framework
  • TarakAnada, The Perfect Storm, An Imperfect Response, and a Sovereign Shield: Can Hurricane Katrina Victims Bring Negligence Claims Against the Government?
  • Laura Hock, What's in a Name? Fred Goldman's Quest to Acquire O.J. Simpson's Right of Publicity and the Suit's Implications for Celebrities
  • Jeffrey B. Hassler, A Multitude of Sins? Constitutional Standards for Legal Resolution of Church Property Disputes in a Time of Escalating Intradenominational Strife
  • Ryan M. Deam, Creating the Perfect Case: The Constitutionality of Retroactive Application of the Domestic Partner Rights and Responsibilities Act of 2003
  • Seth W. Eaton, Winter is Frigid, so I Say Bring on the Greenhouse Effect! A Legal and Policy Discussion of the Strategies the United States Must Employ to Combat Global Warming
  • Jamin Soderstrom, Back to the Basics: Looking Again to State Constitutions for Guidance on Forming a More Perfect Vice Presidency
  • Kendra Williams, Congress Giveth, and the Courts Taketh Away: Is Restitutionary Recoupment of Federal Funds a Proper Remedy When Taxpayers Allege that an Expired Statute Violated the Establishment Clause?

Note: All Student Articles Were Written by Students of Pepperdine University School of Law.


 

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.