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Constitutional/Land Use—Small-Town Politics, Big-Time Problem: Addressing The Due Process Implications Of Ex Parte Communications In Quasi-Judicial Municipal Proceedings, Ryan K. O’Hara
Western New England Law Review
Town residents and politicians stand at odds over the conversion of a driving range and ice cream shop—a local favorite—into a big-box supermarket. The town zoning board’s decision on an appeal of the store’s permit will determine the practical fate of a neighborhood, and the metaphorical fate of the town. The supermarket, during an appeal of its granted permit, brings in new “local counsel,” an attorney-politician who ultimately meets with four of five zoning board members individually, in-person. He claims these meetings were merely to discuss “procedural questions.” Circumstantial evidence suggests otherwise. Upon judicial review of the board’s affirming the …
Was The First Justice Harlan Anti-Chinese?, James W. Gordon
Was The First Justice Harlan Anti-Chinese?, James W. Gordon
Faculty Scholarship
The first Justice John Marshall Harlan has long been recognized as a defender of Black civil rights. Yet some scholars challenge Harlan’s egalitarian reputation by arguing that he was anti-Chinese. In this Article, the Author discusses the evidence which has been offered to support the claim that Harlan was anti-Chinese and offers additional evidence never before presented to argue against this hypothesis. Harlan’s critics have assembled some evidence in a way that suggests Harlan had an anti-Chinese bias. The Author suggests that the evidence is ambiguous and that it can be assembled to produce a different picture from the one …
“Was The First Justice Harlan Anti-Chinese?”, James W. Gordon
“Was The First Justice Harlan Anti-Chinese?”, James W. Gordon
Western New England Law Review
The first Justice John Marshall Harlan has long been recognized as a defender of Black civil rights. Yet some scholars challenge Harlan’s egalitarian reputation by arguing that he was anti-Chinese. In this Article, the Author discusses the evidence which has been offered to support the claim that Harlan was anti-Chinese and offers additional evidence never before presented to argue against this hypothesis. Harlan’s critics have assembled some evidence in a way that suggests Harlan had an anti-Chinese bias. The Author suggests that the evidence is ambiguous and that it can be assembled to produce a different picture from the one …
Administrative Due Process—Wounded Warriors And Due Process: The Cushman V. Shinseki Analogy, Dennis M. Carnelli
Administrative Due Process—Wounded Warriors And Due Process: The Cushman V. Shinseki Analogy, Dennis M. Carnelli
Western New England Law Review
Military service members and veterans receive various benefits arising from their military service. The Department of Veterans Affairs acts as the trustee for distribution of these benefits upon veterans’ transition to civilian society. Among these benefits is disability compensation for medical conditions incurred or aggravated by the veteran in the course of their military service. This compensation makes the veteran whole for each condition that can be traced back to the veteran’s service. In many cases, this compensation is the veteran’s sole source of subsistence when they return to civilian life. Until 2009, these benefits were not considered property interests …
Manson V. Brathwaite Revisited: Towards A New Rule Of Decision For Due Process Challenges To Eyewitness Identification Procedures, Timothy P. O'Toole, Giovanna Shay
Manson V. Brathwaite Revisited: Towards A New Rule Of Decision For Due Process Challenges To Eyewitness Identification Procedures, Timothy P. O'Toole, Giovanna Shay
Faculty Scholarship
Almost 30 years ago, in Manson v. Brathwaite--the Supreme Court set out a test for determining when due process requires suppression of an out-of-court identification produced by suggestive police procedures. The Manson Court rejected a per se exclusion rule in favor of a test focusing on whether an identification infected by suggestive procedures is nonetheless reliable when judged in the totality of the circumstances. The purpose of this Article is two-fold: to demonstrate that the Manson rule of decision fails to safeguard due process values, in part because it does not account for the intervening social science research, and to …
Criminal Procedure—Alibi Instructions And Due Process Of Law, Jack P. Friedman
Criminal Procedure—Alibi Instructions And Due Process Of Law, Jack P. Friedman
Western New England Law Review
No abstract provided.
How Necessary Is The Administrative Law Judge?, Gerald Harwood
How Necessary Is The Administrative Law Judge?, Gerald Harwood
Western New England Law Review
No abstract provided.
The Role Of The Article I "Trial Judge", Edward F. Lussier
The Role Of The Article I "Trial Judge", Edward F. Lussier
Western New England Law Review
No abstract provided.
Due Process, Fundamental Fairness, And Conduct That Shocks The Conscience: The Right Not To Be Enticed Or Induced To Crime By Government And Its Agents, Edward G. Mascolo
Due Process, Fundamental Fairness, And Conduct That Shocks The Conscience: The Right Not To Be Enticed Or Induced To Crime By Government And Its Agents, Edward G. Mascolo
Western New England Law Review
No abstract provided.
Legislation—Implied Consent Legislation In Drunk Driving Cases: The Case For Repeal—People V. Moselle, People V. Daniel, People V. Wolter, 57 N.Y.2d 97, 439 N.E.2d 1235, 454 N.Y.S.2d 292 (1982), Donna J. Arnold
Western New England Law Review
No abstract provided.
Criminal Procedure—Solitary Confinement: Due Process Liberty Interests—Gibson V. Lynch, 652 F.2d 348 (3d Cir. 1981), Theresa A. St. Helaire
Criminal Procedure—Solitary Confinement: Due Process Liberty Interests—Gibson V. Lynch, 652 F.2d 348 (3d Cir. 1981), Theresa A. St. Helaire
Western New England Law Review
No abstract provided.
Long Arm Jurisdiction And The United States Constitution: The Massachusetts Experience, Michael G. West, Joseph H. Reinhardt
Long Arm Jurisdiction And The United States Constitution: The Massachusetts Experience, Michael G. West, Joseph H. Reinhardt
Western New England Law Review
No abstract provided.
Constitutional Law—Right Of Privacy—Consensual Sodomy And The Choice Of A Moral Doctrine: New York's Permissive Position—People V. Onofre, 51 N.Y.2d 476, 415 N.E.2d 936, 434 N.Y.S.2d 947 (1980), Cert. Denied, 451 U.S. 987 (1981), Douglas E. Schwartz
Western New England Law Review
No abstract provided.
Constitutional Law—Due Process—Liberty Interest In Foster Families Requires Constitutional Protection In Child Removal Proceedings—Smith V. Organization Of Foster Families For Equality & Reform, 431 U.S. 816 (1977), David I. Schoen
Western New England Law Review
No abstract provided.