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Due Process

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Full-Text Articles in Law

In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan Nov 2014

In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan

Faculty Publications

In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on their fitness before the state places their children in foster care. Somewhat oddly, Stanley went on to be cited as a leading case regarding the rights of unwed fathers to object to private adoptions favored by mothers -- an issue not present in Stanley. Odder still, most states routinely violated Stanley in child welfare cases -- the context in which the Stanley rule arose. Most states apply the "one parent doctrine," which holds that finding one parent unfit justifies taking the child …


A Constitutional Analysis Of The Delaware Director-Consent-To-Service Statute, Susan Grover Jan 1982

A Constitutional Analysis Of The Delaware Director-Consent-To-Service Statute, Susan Grover

Faculty Publications

No abstract provided.


Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown Jan 1977

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Faculty Publications

No abstract provided.


The New Due Process: Rights And Remedies, Doug R. Rendleman Jan 1975

The New Due Process: Rights And Remedies, Doug R. Rendleman

Faculty Publications

This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.


Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne Apr 1965

Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne

Faculty Publications

In an endorsement of Justice Black’s dissent in Bell v. Maryland, this work argues in favors of Black’s interpretation of the state action requirement and attempts to make sense of Black’s understanding in other cases where he found state action in similar private circumstances.