Digital Commons Network^™

Access Denied: Prohibiting Home-Schooled Students From Participating In Public-School Athletics And Activities, William Grob

Georgia State University Law Review

No abstract provided.

Defendant's Brief In Opposition To Plaintiff's Motion To Exclude Testimony From 1954 Coroner's Inquest, William D. Mason, Reno J. Ordani

1995-2002 Court Filings

The State of Ohio asserted that testimony from the 1954 coroner's inquest should not be excluded because the coroner's inquest was carried out properly under Ohio law. Sam Sheppard's Fifth and Sixth Amendment rights would not be violated by admitting this evidence, nor would his right to due process. Additionally, coroner records are admissible as public records.

See order ruling on this motion.

Motion To Exclude Testimony From 1954 Coroner's Inquest, Terry H. Gilbert, George H. Carr

1995-2002 Court Filings

Plaintiff argued that testimony from the 1954 coroner's inquest should not be admitted in the 2000 trial because it would violate Sam Sheppard's Fifth and Sixth Amendment right to counsel, as Sam Sheppard's attorney was not permitted to participate in the coroner's inquest. Admission of this testimony would also violate Sheppard's right to due process of law.

See order ruling on this motion. Also see Memorandum Opinion Regarding Admissibility of Character Evidence, Other Acts of Richard Eberling, Other Acts of Samuel H. Sheppard, Statements of Samuel H. Sheppard, and Admissibility of Portions of Transcript From Prior Proceedings, where the …

Newly Available, Not Newly Discovered, Penny J. White

The Journal of Appellate Practice and Process

Advances in science have made it possible to discover new evidence. This newly discovered evidence is not always admissible as evidence. This essay suggests methods by which appellate courts may approach a balance between the rigid application of limitation periods in serious criminal cases and admitting evidence that proves innocence.

Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan

Erin Ryan

[This student note is the closing chapter of the Harvard Law Review “Developments in the Law” issue for the year 2000, devoted to developments in civil litigation.] Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself—in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. “Alternative” models of dispute resolution have …

Adr, The Judiciary, And Justice: Coming To Terms With The Alternatives, Erin Ryan

Scholarly Publications

Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself--in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. "Alternative" models of dispute resolution have inarguably penetrated the mainstream; the relevant question now is how they will change it. The judicial embrace of ADR presents opportunities and concerns that distinguish court-annexed programs …

State Taxation Of Interstate Commuters: Constitutional Doctrine In Search Of Empirical Analysis, David Schultz

Touro Law Review

No abstract provided.

On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar

Book Chapters

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v Glucksberg and Vacco v Quill. I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.

The Arbitrary Path Of Due Process, Harry F. Tepker Jr.

Oklahoma Law Review

No abstract provided.

"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar

Articles

I think the great majority of judges, lawyers, and law professors would have concurred in Judge Friendly's remarks when he made them thirty-three years ago. To put it another way, I believe few would have had much confidence in the constitutionality of an anti-Miranda provision, usually known as § 3501 because of its designation under Title 18 of the United States Code, a provision of Title II of the Omnibus Crime Control and Safe Streets Act of 1968 (hereinafter referred to as the Crime Act or the Crime Bill), when that legislation was signed by the president on June 19, …

Abortions Of The Parental Prerogatives Of Unwed Natural Fathers: Deterring Lost Paternity, Jeffrey A. Parness

Faculty Peer-Reviewed Publications

A natural father's biological relationship with his child is often insufficient by itself to trigger the father's parental rights recognized within the "substantial protection" of the Due Process Clause of the Fourteenth Amendment or within comparable protections afforded by other federal or state laws. Rather, there is often required "an actual relationship" involving the assumption of parental responsibility, at least where there is no legal presumption of paternity or a certain affirmative act by an alleged natural father, like acknowledging paternity voluntarily. Determinations of actual relationships are frequently necessary and quite difficult where the natural father is not married to …

Due Process And Fundamental Rights, Martin A. Schwartz

Scholarly Works

No abstract provided.

Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman

Journal Articles

This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between the Civil War and World War II by identifying ways in which that jurisprudence was structurally related to and accordingly deeply influenced by the categories of substantive due process and dormant Commerce Clause doctrine. Antecedent dormant Commerce Clause jurisprudence set the terms within which Commerce Clause doctrine was worked out; coordinate developments in substantive due process doctrine set limits upon the scope of Commerce Clause formulations and thus played a critical and underappreciated role in maintaining the federal equilibrium. The subsequent erosion of those due process limitations vastly …

Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz

Touro Law Review

No abstract provided.