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Pass In Review: Due Process And Judicial Scrutiny Of Classification Decisions Of The Selective Service System, Donald L. Doernberg
Pass In Review: Due Process And Judicial Scrutiny Of Classification Decisions Of The Selective Service System, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The Article suggests a better basis for retaining the requirement that the Selective Service System state reasons for its denial of a registrant's deferment request than the two reasons most often stated: facilitation of administrative decisions and of judicial review. The Selective Service System determines whether a person shall be required involuntarily to serve two years in the military, possibly at the risk of life and limb. Certainly those deprivations are as real and as severe as any to which the due process clause is addressed. The Article concludes that due process, not administrative or judicial convenience, should be held …
A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach
A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This discussion begins with some remarks concerning the concept of property as a general matter. It will then consider briefly an approach to the problem which, though promising and advanced, nevertheless falls short of achieving an internally consistent, unifying theory. Following this introduction, an attempt will be made to specify the two distinctive conceptual components of property interests on whose difference the cases seem to turn, and then to demonstrate the suitability of this conceptual distinction as the foundation for a coherent theory of the law.
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these …
Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman
Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …