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Due process

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Full-Text Articles in Law

Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard Jan 2023

Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard

American University Journal of Gender, Social Policy & the Law

Madison Underwood was scheduled to receive a life-saving abortion at a clinic in Tennessee when her doctor told her the procedure had been canceled. The Supreme Court had overturned the constitutional right to abortion a few days prior. Although Underwood’s abortion was still legal in Tennessee, her doctor felt performing the procedure was too risky with the law changing so quickly.


Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau Jan 2017

Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau

American University Law Review

No abstract provided.


Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit Jan 2008

Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit

American University Law Review

This article considers what limits the constitution places on holding someone criminally liable for another's conduct. While vicarious criminal liability is often criticized, there is no doubt that it is constitutionally permissible as a general matter. Under the long-standing felony murder doctrine, for example, if A and B rob a bank and B shoots and kills a security guard, A can be held criminally liable for the murder. What if, however, A was not involved in the robbery but instead had a completely separate conspiracy with B to distribute cocaine? What relationship, if any, does the constitution require between A's …


A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio Jun 2004

A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio

American University Law Review

No abstract provided.


Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai Jun 2002

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …


Two Wrongs Don't Add Up To Rights: The Importance Of Preserving Due Process In Light Of Recent Welfare Reform Measures Administrative Driver's License Suspension: A Remedial Tool That Is Not In Jeopardy , Rebecca E. Zietlow Apr 1996

Two Wrongs Don't Add Up To Rights: The Importance Of Preserving Due Process In Light Of Recent Welfare Reform Measures Administrative Driver's License Suspension: A Remedial Tool That Is Not In Jeopardy , Rebecca E. Zietlow

American University Law Review

No abstract provided.