Law Commons^™

Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.

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 …

Who Is A Parent?, Michelle M. Botek, Dorothy R. Fait, Jillian L. Dilaura

Articles by Maurer Faculty

No abstract provided.

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 …

Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein

Articles by Maurer Faculty

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413 and 414 (concerning rape and child abuse, respectively) allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity. Courts have rejected due process challenges to the new rules, holding that Federal Rule of Evidence 403 serves as a check on any fairness concerns. However, courts' application of Rule 403 in cases involving these sexual propensity rules is troubling. Relying on the legislative history of the new rules and announcing a presumption of admissibility, courts have forsaken the traditional operation of …

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 …

Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz

Articles by Maurer Faculty

No abstract provided.

Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley

Articles by Maurer Faculty

Three recent Supreme Court opinions that enlarge the scope of permissible impeachment may substantially influence the criminal defendant's decision whether to take the stand. In this article, Professor Bradley evaluates the current status of the defendant's "right" to testify, assesses the impact of these cases on that right, and offers cogent advice on effective strategies for practitioners.

Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Cognovit Judgments: An Ignored Problem Of Due Process And Full Faith And Credit, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

The Persistence Of Substantive Due Process In The States, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.

Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

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. 2, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Due Process Of Law Under The United States Constitution, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.