Pepperdine Law Review, Volume L, Publishes Issue 1
The Pepperdine Law Review, Volume L, has published its first issue. Issue 1 features two articles: “Second Amendment Sanctuaries: Defiance, Discretion, and Race” by Nicholas Johnson, and “Total Return Meltdown: The Case for Treating Total Return Swaps as Disguised Secured Transactions” by Colin Marks.
Issue 1 also includes two comments written by third-year law students Jake Porath and Mai Contino. Porath’s comment, “Typing a Terrorist Attack: Using Tools from the War on Terror to Fight the War on Ransomware,” argues that ransomware gangs meet the statutory requirements to be designated as a Foreign Terrorist Organization (FTO) under 8 U.S.C. § 1189. It urges the State Department to list ransomware gangs as FTOs for the prosecutorial and investigatory benefits and the useful financial and political implications of the designation.
The Pepperdine Law Review awarded Jake C. Porath the 2022 Ronald M. Sorenson Memorial Writing Award, presented to the member of the law review who submits the most well-written, thoroughly researched, and intellectually engaging comment or note.
Mai Contino’s comment, “Liability for Deadly Failure: Rejecting the Push for PREP Act Preemption and Restraining PREP Act Immunity for Senior Living Facilities and Nursing Homes,” argues that the PREP Act should not grant senior care facilities immunity from liability for loss related to qualified actions taken during COVID-19. Instead, it encourages an amendment of the PREP Act immunity laws to clarify that the Act does not preempt state law claims but does restrict senior living facilities and nursing homes from the privilege of immunity for loss resulting from a failure to act.
Both Porath and Contino are grateful for the support they received from members of the Pepperdine Caruso School of Law community and the Pepperdine Law Review Volume XLIX and Volume L for their thoughtful feedback and ongoing support throughout the publication process.
Issue 1 is available at Pepperdine Law Review