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Full-Text Articles in Law
The New Due Process: Fairness In A Fee-Driven State, Glenn Harlan Reynolds
The New Due Process: Fairness In A Fee-Driven State, Glenn Harlan Reynolds
Scholarly Works
Many parts of the criminal justice system are funded by revenue from "users" -- i.e., the accused, in the form of fines, fees, and forfeitures. Drawing on both existing Supreme Court authority and recent Court of Appeals decisions, we argue that a violation of due process exists when all participants in the criminal justice system, from police to court clerks, to prosecutors and judges, depend on revenues from pleas and convictions in order to function. Instead, we argue that due process demands that the criminal justice system be funded in ways that are not affected by the rate of arrest …
Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler Ag V. Bauman, Judy Cornett, Michael Hoffheimer
Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler Ag V. Bauman, Judy Cornett, Michael Hoffheimer
College of Law Faculty Scholarship
This article shows that the Supreme Court's opinion in Daimler AG v. Bauman (2014) marks a significant departure from settled practice. It argues that the decision's restriction of general jurisdiction will prevent reasonable access to courts in some cases, eroding the power of state courts for the sake of achieving policy goals that are more appropriate for the political branches.
Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler Ag V. Bauman, Judy Cornett
Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler Ag V. Bauman, Judy Cornett
Scholarly Works
This article shows that the Supreme Court's opinion in Daimler AG v. Bauman (2014) marks a significant departure from settled practice. It argues that the decision's restriction of general jurisdiction will prevent reasonable access to courts in some cases, eroding the power of state courts for the sake of achieving policy goals that are more appropriate for the political branches.
Ham Sandwich Nation: Due Process When Everything Is A Crime, Glenn Harlan Reynolds
Ham Sandwich Nation: Due Process When Everything Is A Crime, Glenn Harlan Reynolds
Scholarly Works
Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process -- the decision whether to charge a defendant, and with what -- is almost entirely discretionary. Given the plethora of criminal laws and regulations in today's society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.
A Due Process Right To Record The Police, Glenn Harlan Reynolds
A Due Process Right To Record The Police, Glenn Harlan Reynolds
Scholarly Works
There has been considerable discussion of citizens' First Amendment right to record the police. This essay, however, argues that independent of any First Amendment right, there is also a due process right to record the actions of law enforcement, and that this right applies even when the interaction takes place in private, and not in public places. This question of a due process right to record the police has not yet produced the degree of attention and litigation that public recording has, but the growth of inexpensive recording equipment and its inclusion in smart phones ensures that such attention and …
How Idea Fails Families Without Means_ Causes And Corrections Fro.Pdf, Dean Rivkin, Elisa Hyman, Stephen Rosenbaum
How Idea Fails Families Without Means_ Causes And Corrections Fro.Pdf, Dean Rivkin, Elisa Hyman, Stephen Rosenbaum
College of Law Faculty Scholarship
The struggle for equal educational opportunity for students with disabilities whose families have few resources is waged daily within the framework of the Individuals with Disabilities Education Act (IDEA), a complex entitlement statute. Unlike the progress made under the IDEA for their wealthier peers, low-income children are not reaping the educational benefits that effective advocacy has achieved for students with disabilities who can afford determined, skilled and knowledgeable experts to navigate the highly technical mandates of the law. But in the current landscape of retrenchment, the more "smart" corrections that advocates and lawyers can formulate, the greater the likelihood that …
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education Lawyering, Dean Rivkin
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education Lawyering, Dean Rivkin
Scholarly Works
The struggle for equal educational opportunity for students with disabilities whose families have few resources is waged daily within the framework of the Individuals with Disabilities Education Act (IDEA), a complex entitlement statute. Unlike the progress made under the IDEA for their wealthier peers, low-income children are not reaping the educational benefits that effective advocacy has achieved for students with disabilities who can afford determined, skilled and knowledgeable experts to navigate the highly technical mandates of the law. But in the current landscape of retrenchment, the more "smart" corrections that advocates and lawyers can formulate, the greater the likelihood that …