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Articles 1 - 13 of 13
Full-Text Articles in Entire DC Network
Bmw Of North America V. Gore: A Misplaced Guide For Punitive Damage Awards, Michelle J. Carey
Bmw Of North America V. Gore: A Misplaced Guide For Punitive Damage Awards, Michelle J. Carey
Northern Illinois University Law Review
This casenote examines the Supreme Court's landmark ruling in BMW v. Gore, in which the Court struck down a jury award of punitive damages as being unreasonably large in violation of substantive due process. This Note traces the history of challenges to punitive damage awards through Supreme Court cases, including BMW v. Gore. It then analyzes BMW v. Gore, particularly the Court's misguided attempt at providing a guide for punitive damage awards and the dismal implications from the Court's actions. It concludes that the better approach for the Court to have taken would have been to focus on procedural due …
The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell
The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap
What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap
Faculty Publications
An acquittal by reason of insanity is sufficiently adverse and is in many ways more akin to a conviction than to an outright acquittal. Although not technically punishment, it involves substantial infringement of rights. The legal literature has devoted significant space to the issue of a criminal defendant’s competence to stand trial and to the issue of the insanity plea. The problem of a pretrial insanity acquittal of an incompetent defendant, on the other hand, has not been extensively examined. In undertaking that task, this article will, in Part II, review the law and practice of competency determinations. Part III …
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro 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.
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.
The Absence Of Due Process In Fiduciary Accounting: A Constitutional Concem, J. Rodney Johnson
The Absence Of Due Process In Fiduciary Accounting: A Constitutional Concem, J. Rodney Johnson
Law Faculty Publications
Once upon a time the content of a legal notice posted on the courthouse door was likely to become a matter of community knowledge within a reasonable period of time. Today, however, few persons would seriously suggest that courthouse posting satisfies minimum due process requirements for notice to parties of a proceeding affecting their property rights. Yet this is the only form of notice that Virginia law provides for beneficiaries when their fiduciaries make accountings before the commissioner of accounts. And, topping this, there is no provision for any form of notice to beneficiaries when the commissioner reports to the …
The Politics Of Property Rights, John D. Echeverria
The Politics Of Property Rights, John D. Echeverria
Oklahoma Law Review
No abstract provided.
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Scholarly Works
Courts and commentators have typically assumed that binding arbitration is both private and consensual, and that it therefore raises no constitutional concerns. This Article challenges both assumptions and goes on to consider arguments that arbitration agreements may unconstitutionally deprive persons of their right to a jury trial, to a judge, and to due process of law. The author argues first that courts' interpretation of seemingly private arbitration agreements may often give rise to "state action," particularly where courts have used a "preference favoring arbitration over litigation" to construe a contract in a non-neutral fashion. The author next draws on the …
What Is Eleventh Amendment Immunity?, Carlos Manuel Vázquez
What Is Eleventh Amendment Immunity?, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The Supreme Court's Eleventh Amendment decisions give conflicting signals about what the Amendment does. On one view, the Amendment functions as a forum-allocation principle--immunizing states from liability in suits filed in federal court, but leaving open the possibility that states may be compelled to entertain suits against themselves in their own courts. A separate line of cases, however, implies that state courts enjoy an immunity from suit in their own courts and that nothing in the Constitution withdraws such immunity; on this view, the Eleventh Amendment, by protecting the states from suit in the federal courts, effectively immunizes the states …
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Articles
Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Articles
As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …
Due Process And The Ohio Administrative Procedure Act: The Central Panel Proposal, Chris Mcneil
Due Process And The Ohio Administrative Procedure Act: The Central Panel Proposal, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
No abstract provided.