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- Christopher B. McNeil, J.D., Ph.D. (3)
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Articles 1 - 30 of 33
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Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman
The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Judicial Lobbying, Jonas Anderson
Judicial Lobbying, Jonas Anderson
J. Jonas Anderson
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Ronald Brown
No abstract provided.
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman
Thomas S Glassman
Since the inception of the Dodd-Frank Act the Securities and Exchange Commission has come under fire for its increased use of administrative proceedings in adjudicating the agency’s enforcement actions. That criticism has come to several suits in federal court claiming constitutional challenges to the system generally and most recently, the Administrative Law Judges themselves. Until June of 2015, when Hill v. the SEC took place in federal court, the Government was unbeaten in when arguing against these constitutional challenges. Hill, however found that it was likely the SEC had hired their Administrative Law Judges unconstitutionally. The SEC Administrative Law Judges …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
The Public-Private Security Partnership: Counterterrorism Considerations For Employers In A Post-9/11 World, Andrew P. Morriss
The Public-Private Security Partnership: Counterterrorism Considerations For Employers In A Post-9/11 World, Andrew P. Morriss
Andrew P. Morriss
This Article examines the range of issues employers confront as a result of the federal government's reliance on private sector efforts as part of the war on terror. These include statutes protecting employees' positions while they serve on active duty, private activities by employees related to security concerns (e.g., the Arizona Minutemen, employees carrying concealed weapons), and employee involvement with charities and other organizations labeled as terror-connected. The Article also discusses the role of private security forces hired by employers and policy issues surrounding their cooperation with public security forces.
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
Andrea D. Lyon
No abstract provided.
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Zorka Karanxha
Executive Overview • This article determines the frequency and outcomes of published court decisions under the IDEA for students from pre-K through grade 12, starting in January 1998 and ending in October 2012. • The frequency of these decisions trended upward during the 15-year period, particularly during the most recent five-year interval. • The conclusive outcomes favored districts on a 3:1 basis both overall and on relatively consistent longitudinal basis; however, the intermediate outcomes partially ameliorated this pronounced pro-district tendency. • The Second Circuit region (New York, Vermont, and Connecticut) had the highest volume of cases, and the Tenth Circuit …
Ignorance Of The Law: A Maxim Reexamined, Ronald A. Cass
Ignorance Of The Law: A Maxim Reexamined, Ronald A. Cass
Ronald A. Cass
No abstract provided.
The Due Process Plank, Andrew T. Hyman
The Due Process Plank, Andrew T. Hyman
Andrew T. Hyman
The Republican Party’s national platform of 1860 is useful for interpreting the Fourteenth Amendment of the U.S. Constitution, which was written just six years later by a Republican-controlled Congress. However, the platform is frequently misunderstood. The due process plank of the platform is often portrayed as supporting the doctrine called substantive due process, but a close look at the platform shows that it did not actually support that doctrine. The due process plank aimed to protect liberty in free federal territories, rather than in areas like the District of Columbia where substantive due process would have applied equally. Congress largely …
The New Due Process: Rights And Remedies, Doug R. Rendleman
The New Due Process: Rights And Remedies, Doug R. Rendleman
Doug Rendleman
This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.
Analyzing The Debtor's Due Process Interest, Doug Rendleman
Analyzing The Debtor's Due Process Interest, Doug Rendleman
Doug Rendleman
No abstract provided.
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
Rodger Citron
No abstract provided.
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins
Ira P. Robbins
Tax Court Collection Due Process Cases Take Too Long, T. Fogg, Carlton Smith
Tax Court Collection Due Process Cases Take Too Long, T. Fogg, Carlton Smith
T. Keith Fogg
This report documents through Tax Court records the time it takes to complete CDP cases versus non-CDP cases and then offers solutions to what the authors perceive as a problem with the system. Because of the nature of CDP cases, the solutions focus on the administrative record preceding litigation. They do not stop with early introduction of the administrative record during the Tax Court proceeding, but also concern summary judgment in situations when the administrative record reveals no factual conflict. Delays in collection hurt the IRS's ability to collect while decreasing the taxpayer's ability to climb out of the financial …
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
Marjorie A. Silver
In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decreea The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …
Democracy At The Corner Of First And Fourteenth: Judicial Campaign Spending And Equality, James Sample
Democracy At The Corner Of First And Fourteenth: Judicial Campaign Spending And Equality, James Sample
James Sample
This Article posits that the Supreme Court’s recent decision in Caperton v. A.T. Massey Coal Co., Inc., which recognized that substantial independent expenditures in support of a judicial candidate present threats to judicial impartiality similar to those posed by direct contributions, suggests that guaranteeing due process of law in state courts presents a compelling state interest justifying the regulation of spending in judicial elections.
The Supreme Court’s landmark decision in Buckley v. Valeo is understood to hold that only an “anti-corruption” rationale can justify campaign finance regulations, and to draw a rigid distinction between political campaign “expenditures” and “contributions,” holding …
Restoring Equipoise To Child Welfare, Rebecca Aviel
Restoring Equipoise To Child Welfare, Rebecca Aviel
Rebecca Aviel
Since the Supreme Court’s widely criticized decision in DeShaney v. Winnebago County Dept. of Social Services, the principle that the Constitution affords no relief for a social worker’s failure to prevent harm to a child has been described as a “staple of our constitutional law.” Whatever might be said about this principle on its own terms, it produces very troubling incentives for social workers who may still face constitutional tort liability when they act affirmatively to intervene in troubled families -- the unjustified removal of a child from her parents’ custody, after all, is the sort of infringement proscribed by …
Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda
Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda
Ronald D. Rotunda
Does Due Process require a judge to disqualify himself if an individual spent independent funds to buy ads that criticized the judge's opponent in a judicial election? The Supreme Court said yes (5 to 4) in the Caperton decision, and thus has created more uncertainty in the law. Does it matter if the person who paid for the independent ads was not a lawyer or a party but was only an employee of the party? And, does it matter if that employee's financial interest in the law suit (if one were to pierce the corporate veil) is minor – substantially …
Viewpoints: Collection Due Process Hearings Should Be Expedited, T. Keith Fogg, Carlton M. Smith
Viewpoints: Collection Due Process Hearings Should Be Expedited, T. Keith Fogg, Carlton M. Smith
T. Keith Fogg
In this article, the authors argue that the collection due process hearings have failed in their objective of expediting cases and recommend creating stricter time-frame guidelines for CDP hearings.
Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson
Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson
Jeffrey D Jackson
BLACKSTONE’S NINTH AMENDMENT: A HISTORICAL COMMON LAW BASELINE FOR THE INTERPRETATION OF UNENUMERATED RIGHTS
Jeffrey D. Jackson
ABSTRACT
The Ninth Amendment clearly indicates that there are fundamental constitutional rights other than those in text of the Constitution and the Bill of Rights. The United States Supreme Court has recognized a number of these rights in its jurisprudence. However, the Court's decisions have lacked a consistent historical baseline for rights, and as a result, the Court's use of history has tended to devolve into cherry-picking from a variety of historical sources without regard to how much they would have influenced the …
Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal
Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal
Dayna B. Royal
As "reality" programming continues to increase in popularity, so too does the number of children living out their young lives in front of the camera. Yet the current legal regime is inadequate to protect these children, whose parents have betrayed their best interests for fame and fortune. This article argues that Congress should enact a statute providing a regulatory sliding scale based on age that would largely prohibit children from participating in reality programming. A federal statute would bring clarity to this unsettled area of the law while ensuring that parents and programming executives cannot skirt individual state laws and …
Public Access And Media Rules For Administrative Adjudicators In High Profile Hearings, Chris Mcneil
Public Access And Media Rules For Administrative Adjudicators In High Profile Hearings, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
This article offers a brief overview of the legal issues relevant to creating media access policies for administrative agencies. It also provides a model policy for use by executive-branch adjudicators in anticipation of high profile agency evidentiary hearings.
"The Public's Right Of Access To 'Some Kind Of Hearing' - Creating Policies That Protect The Right To Observe Agency Hearings", Chris Mcneil
"The Public's Right Of Access To 'Some Kind Of Hearing' - Creating Policies That Protect The Right To Observe Agency Hearings", Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
As administrative agencies take on greater responsibilities and increasing caseloads, the tendency may be to shield their operations from the public. This article examines the competing constitutional premises supporting access to agency hearings on one hand, and due process considerations on the other; and provides a model for use by agencies seeking to control public access to agency adjudications.
Post-Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore A.B. Mccombs
Post-Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore A.B. Mccombs
Theodore A.B. McCombs
Since 2003, the Oakland unit of Social Security’s Cooperative Disability Investigations (“CDI”) program has targeted certain Cambodian refugee applicants with Post-Traumatic Stress Disorder and Depression for fraud investigations. The practices of Social Security’s anti-fraud program in Oakland reveal disturbing disadvantages to Cambodian refugee applicants in particular, including institutional prejudices in Social Security’s rules and CDI agents’ gross insensitivity to claimants’ impairments and cultural realities. This Note examines these disadvantages under the legal norms of national origin discrimination, disability discrimination, and due process, and concludes with a policy proposal on how Social Security might better protect claimants’ rights and interests while …
Punitive Damages And Valuing Harm, Alexandra B. Klass
Punitive Damages And Valuing Harm, Alexandra B. Klass
Alexandra B. Klass
In 2003, the Supreme Court created a presumption that only single-digit ratios of punitive damages to compensatory damages would satisfy substantive due process limits. The exception to this presumption is when the defendant’s misconduct results in only a small amount of compensatory damages or when harm is difficult to value. This Article proposes that while lower courts have properly departed from single-digit ratios where the compensatory damage are small, they have had more difficulty doing so when harm is difficult to value. As a result, lower courts are mechanically applying a single-digit ratio in cases where the Court’s current framework …
Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman
Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman
John C. Eastman
In July 2003, the Supreme Court of Nevada issued an extraordinary writ of mandate to the Nevada Legislature, directing it to enact a bill raising taxes to support increased education spending, by a simple majority vote rather than the 2/3 vote required by the Nevada Constitution. This article describes the federal court litigation that was filed to challenge that ruling, and explores the merits of the case, both procedurallyl and substantively. Most importantly, the article explores the meaning of the Republican Guaranty Clause of Article IV of the U.S. Constitution, and Justice O'Connor's invitation in New York v. United States …
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins