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Full-Text Articles in Law
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 …
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 …
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 …
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.
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.
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. 1, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 1, 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.