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Articles 1 - 21 of 21
Full-Text Articles in Entire DC Network
Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish
Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Equal Access And The Right To Marry, Deborah Widiss, Nelson Tebbe
Equal Access And The Right To Marry, Deborah Widiss, Nelson Tebbe
Articles by Maurer Faculty
How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We contend that courts and commentators have largely overlooked the strongest argument in support of a constitutional right to marry. In our view, the right to marry is best conceptualized as a matter of equal access to government support and recognition and the doctrinal vehicle that most closely matches the structure of the right can be found in the fundamental interest branch of equal …
Who Is A Parent?, Michelle M. Botek, Dorothy R. Fait, Jillian L. Dilaura
Who Is A Parent?, Michelle M. Botek, Dorothy R. Fait, Jillian L. Dilaura
Articles by Maurer Faculty
No abstract provided.
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Articles by Maurer Faculty
The Due Process Clause with its focus on a defendant's liberty interest has become the key, if not only, limitation on a court's exercise of personal jurisdiction. This due process jurisdictional limitation is universally assumed to apply with equal force to alien defendants as to domestic defendants. With few exceptions, scholars do not distinguish between the two. Neither do the courts. Countless cases assume that foreigners have all the rights of United States citizens to object to extraterritorial assertions of personal jurisdiction.
But is this assumption sound? This Article explores the uncritical assumption that the same due process considerations apply …
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413 and 414 (concerning rape and child abuse, respectively) allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity. Courts have rejected due process challenges to the new rules, holding that Federal Rule of Evidence 403 serves as a check on any fairness concerns. However, courts' application of Rule 403 in cases involving these sexual propensity rules is troubling. Relying on the legislative history of the new rules and announcing a presumption of admissibility, courts have forsaken the traditional operation of …
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
Articles by Maurer Faculty
This article previews the Supreme Court's decision in the Guantánamo prisoners' cases, arguing they should be dismissed for failure of jurisdiction. The worst possible outcome for civil liberties in wartime would be a decision to adjudicate the rights of the prisoners under an anemic view of individual rights and judicial jurisdiction. It is evident that the Court will not apply a robust conception of due process to these cases, in light of the inevitable pressures of national security in wartime. But faint-hearted judicial review, the likely result, will foster the political illusion that business as normal for our constitutional system …
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Articles by Maurer Faculty
No abstract provided.
Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan
Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley
Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley
Articles by Maurer Faculty
Three recent Supreme Court opinions that enlarge the scope of permissible impeachment may substantially influence the criminal defendant's decision whether to take the stand. In this article, Professor Bradley evaluates the current status of the defendant's "right" to testify, assesses the impact of these cases on that right, and offers cogent advice on effective strategies for practitioners.
Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock
Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil
Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Cognovit Judgments: An Ignored Problem Of Due Process And Full Faith And Credit, Dan Hopson Jr.
Cognovit Judgments: An Ignored Problem Of Due Process And Full Faith And Credit, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. Griswold, E.N., The Fifth Amendment Today, Ralph F. Fuchs
Book Review. Griswold, E.N., The Fifth Amendment Today, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Blaine Amendment And The Bill Of Rights, Alfred W. Meyer
The Blaine Amendment And The Bill Of Rights, Alfred W. Meyer
Articles by Maurer Faculty
No abstract provided.
The Persistence Of Substantive Due Process In The States, Monrad G. Paulsen
The Persistence Of Substantive Due Process In The States, Monrad G. Paulsen
Articles by Maurer Faculty
No abstract provided.
Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge
Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Natural Law In American Constitutional Theory, Fowler V. Harper
Natural Law In American Constitutional Theory, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.