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Substantive Due Process And A Comparison Of Approaches To Sexual Liberty, William Council
Substantive Due Process And A Comparison Of Approaches To Sexual Liberty, William Council
Fordham Law Review
Over 150 years ago, Congress passed and the states ratified the Fourteenth Amendment, banning states from passing or enforcing laws based on unconstitutional classifications and protecting persons in the United States from adjudication without due process. For over one hundred years, however, courts and commentators have been fighting over the Fourteenth Amendment’s Due Process Clause’s controversial protections of substantive rights. The U.S. Supreme Court has applied inconsistent methodologies to these substantive due process claims, attempting to walk a tightrope between the Court’s power to subjectively announce new rights as “fundamental” and the traditional role of the states’ plenary police powers. …
Are Campus Sexual Assault Tribunals Fair?: The Need For Judicial Review And Additional Due Process Protections In Light Of New Case Law, Emily D. Safko
Are Campus Sexual Assault Tribunals Fair?: The Need For Judicial Review And Additional Due Process Protections In Light Of New Case Law, Emily D. Safko
Fordham Law Review
The pervasiveness of sexual assault on college and university campuses and the schools’ failures to take sexual assault seriously have resulted in recent reforms to college campus disciplinary proceedings. The federal government has largely prompted this wave of reform through Title IX, requiring schools to employ particular policies and procedures for investigating and adjudicating sexual assault as a condition of receiving federal funds. Although the federal government’s mandates may be properly motivated, these reforms are criticized because they encourage schools to enact procedures that are heavily stacked against those accused of sexual assault. Consequently, students alleging that they have been …
Should Prosecutors Blog, Post, Or Tweet?: The Need For New Restraints In Light Of Social Media, Emily Anne Vance
Should Prosecutors Blog, Post, Or Tweet?: The Need For New Restraints In Light Of Social Media, Emily Anne Vance
Fordham Law Review
Prosecutors' extrajudicial speech is not a new problem. Indeed, prosecutors' out-of-court statements to the press and the public at large have been of concern for over a century. Consequently, ethical rules and standards have been implemented to protect defendants from undue reputational harm and to strike a balance between trial participants' right to free speech and defendants' right to due process. Although these rules and standards are periodically revised, they have not yet accounted for the differences between traditional media-for which the rules and standards were written-and social media. Recently, however, prosecutors have used social media to discuss pending cases …
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Fordham Law Review
The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …
Unearthing The Public Interest: Recognizing Intrastate Economic Protectionism As A Legitimate State Interest, Katharine M. Rudish
Unearthing The Public Interest: Recognizing Intrastate Economic Protectionism As A Legitimate State Interest, Katharine M. Rudish
Fordham Law Review
In Oklahoma, a person must complete sixty-credit hours of undergraduate training and embalm twenty-five bodies before being legally licensed to sell caskets in the state. In Louisiana, in order to sell caskets, one must operate a fully licensed funeral establishment, defined as a place dedicated to preparing bodies for burial. In recent years, these states and others have faced legal challenges to casket sale restrictions by individuals who wish to sell caskets directly to the public, yet who are unable to do so as they are not licensed funeral directors. Courts have grappled with whether these state regulations, which in …
Must Substantive Due Process Land Use Claims Be So “Exhaust”Ing?, Nader James Khorassani
Must Substantive Due Process Land Use Claims Be So “Exhaust”Ing?, Nader James Khorassani
Fordham Law Review
When is a land use dispute a federal case? Although some perceive challenges to zoning and land use laws as local issues ripe for local resolution, some fights over land use pose constitutional questions suitable for federal adjudication. Indeed, many zoning disputes implicate substantive due process, a federally protected constitutional guarantee. A circuit split has developed regarding when plaintiffs may assert substantive due process claims in federal court. While the First and Seventh Circuits only hear such cases when the plaintiff has first brought her substantive due process claim in state court, the Second, Third, Ninth, and Eleventh Circuits impose …
How The Establishment Clause Can Influence Substantive Due Process: Adultery Bans After Lawrence, Andrew D. Cohen
How The Establishment Clause Can Influence Substantive Due Process: Adultery Bans After Lawrence, Andrew D. Cohen
Fordham Law Review
Criminal adultery bans, despite widespread transgression and lax enforcement, remain on the books in a substantial minority of states. The landmark Lawrence v. Texas decision casts doubt on all state interference with consensual sexual activity among adults, including adultery bans. Additionally, adultery bans on their face implicate the Establishment Clause, due to adultery bans' and marriage's roots in religious doctrine and religiosity. This Note examines the constitutionality of adultery bans after Lawrence v. Texas, and proposes a novel approach to substantive due process analysis that applies Establishment Clause values. In proposing what this Note dubs the "Establishment Clause prism," through …
Beyond Lawrence V. Texas: Crafting A Fundamental Right To Sexual Privacy, Kristin Fasullo
Beyond Lawrence V. Texas: Crafting A Fundamental Right To Sexual Privacy, Kristin Fasullo
Fordham Law Review
After the watershed 2003 U.S. Supreme Court decision Lawrence v. Texas, courts are faced with the daunting task of navigating the bounds of sexual privacy in light of Lawrence’s sweeping language and unconventional structure. This Note focuses on the specific issue of state governments regulating sexual device distribution. Evaluating the substantive due process rights of sexual device retailers and users, this Note ultimately argues that the privacy interest identified in Lawrence is sufficiently broad to protect intimate decisions to engage in adult consensual sexual behavior, including the liberty to sell, purchase, and use a sexual device.
The Natural Law Due Process Philosophy, Robert P. George
The Natural Law Due Process Philosophy, Robert P. George
Fordham Law Review
No abstract provided.
Preserving Procedural Due Process For Legal Immigrans Receiving Food Stamps In Light Of The Personal Responsibility Act Of 1996, Todd G. Cosenza
Preserving Procedural Due Process For Legal Immigrans Receiving Food Stamps In Light Of The Personal Responsibility Act Of 1996, Todd G. Cosenza
Fordham Law Review
No abstract provided.
Let Justice Flow Like Water: The Role Of Moral Arugument In Constitutional Interpretation , David L. Fitzgerald
Let Justice Flow Like Water: The Role Of Moral Arugument In Constitutional Interpretation , David L. Fitzgerald
Fordham Law Review
No abstract provided.
Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih
Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih
Fordham Law Review
No abstract provided.
Bias And The Loudermill Hearing: Due Process Or Lip Service To Federal Law?, Robert, Jr. F. Maslan
Bias And The Loudermill Hearing: Due Process Or Lip Service To Federal Law?, Robert, Jr. F. Maslan
Fordham Law Review
No abstract provided.
Private Prosecutors In Criminal Contempt Actions Under Rule 42(B) Of The Federal Rules Of Criminal Procedure, Patrcia Moran
Private Prosecutors In Criminal Contempt Actions Under Rule 42(B) Of The Federal Rules Of Criminal Procedure, Patrcia Moran
Fordham Law Review
No abstract provided.
Union Affiliations And The Rights Of Nonunion Employees, Edward J. O'Connell
Union Affiliations And The Rights Of Nonunion Employees, Edward J. O'Connell
Fordham Law Review
No abstract provided.
Due Process: Application Of The Parratt Doctrine To Random And Unauthorized Deprivations Of Life And Liberty, Harold C. Geary
Due Process: Application Of The Parratt Doctrine To Random And Unauthorized Deprivations Of Life And Liberty, Harold C. Geary
Fordham Law Review
No abstract provided.
Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley
Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley
Fordham Law Review
No abstract provided.
Due Process Behind Bars--The Intrinsic Approach, Joseph Guglielmelli
Due Process Behind Bars--The Intrinsic Approach, Joseph Guglielmelli
Fordham Law Review
No abstract provided.
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Fordham Law Review
No abstract provided.
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Fordham Law Review
No abstract provided.
The Speedy Trial Act: An Empirical Study, Linda M. Ariola, Deborah A. Demasi, Edward D. Loughman Iii, Timothy G. Reynolds
The Speedy Trial Act: An Empirical Study, Linda M. Ariola, Deborah A. Demasi, Edward D. Loughman Iii, Timothy G. Reynolds
Fordham Law Review
No abstract provided.
The Right To Counsel: Attachment Before Criminal Judicial Proceedings?, Karen Akst Schecter
The Right To Counsel: Attachment Before Criminal Judicial Proceedings?, Karen Akst Schecter
Fordham Law Review
No abstract provided.
Prisoner Access To Parole Files: A Due Process Anaylsis, John P. Mccahey
Prisoner Access To Parole Files: A Due Process Anaylsis, John P. Mccahey
Fordham Law Review
No abstract provided.
Civilian Review Of Military Habeas Corpus Petitions: Is Justice Being Served?, Gerard Hannon
Civilian Review Of Military Habeas Corpus Petitions: Is Justice Being Served?, Gerard Hannon
Fordham Law Review
No abstract provided.
Habeas Corpus Challenges To Prison Discipline, Mary Ellen Kris
Habeas Corpus Challenges To Prison Discipline, Mary Ellen Kris
Fordham Law Review
No abstract provided.
Timely Revocation Hearings For Criminal Violations Of Parole, Ellen M. Martin
Timely Revocation Hearings For Criminal Violations Of Parole, Ellen M. Martin
Fordham Law Review
No abstract provided.
Due Process For Students--New Developments, Robert Stolz
Due Process For Students--New Developments, Robert Stolz
Fordham Law Review
No abstract provided.
Bilingual Notice--The Rights Of Non-English Speaking Welfare Recipients, Judith R. Macdonald
Bilingual Notice--The Rights Of Non-English Speaking Welfare Recipients, Judith R. Macdonald
Fordham Law Review
No abstract provided.
Due Process And The Development Of "Criminal" Safeguards In Civil Commitment Adjudications, Howard R. Hawinkins, Jr., Paul O. Sullivan
Due Process And The Development Of "Criminal" Safeguards In Civil Commitment Adjudications, Howard R. Hawinkins, Jr., Paul O. Sullivan
Fordham Law Review
No abstract provided.
The Evolving Right Of Due Process At Prison Disciplinary Hearings, Stuart M. Bernstein
The Evolving Right Of Due Process At Prison Disciplinary Hearings, Stuart M. Bernstein
Fordham Law Review
No abstract provided.