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Full-Text Articles in Law

Due Process In Civil Commitments, Alexander Tsesis Jan 2011

Due Process In Civil Commitments, Alexander Tsesis

Washington and Lee Law Review

In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof. The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistaken evaluations about patients’ likelihood …


Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn Sep 2005

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.


Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner Feb 2005

Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner

Scholarly Articles

Not available.


Red Flagging Civil Liberties And Due Process Rights Of Airline Passengers: Will A Redesigned Capps Ii System Meet The Constitutional Challenge?, Leigh A. Kite Jun 2004

Red Flagging Civil Liberties And Due Process Rights Of Airline Passengers: Will A Redesigned Capps Ii System Meet The Constitutional Challenge?, Leigh A. Kite

Washington and Lee Law Review

No abstract provided.


Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance Mar 2004

Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance

Washington and Lee Law Review

No abstract provided.


Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen Sep 2002

Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen

Washington and Lee Law Review

No abstract provided.


Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison Jan 2002

Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison

Scholarly Articles

None available.


The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla Oct 1999

The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla

Scholarly Articles

Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …


World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer Jun 1997

World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer

Washington and Lee Law Review

No abstract provided.


Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney Jun 1993

Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney

Washington and Lee Law Review

No abstract provided.


National Bellas Hess, Inc.: Obsolescent Precedent Or Good Law After Quill Corp. V. North Dakota?, Catherine V. Lane Jun 1992

National Bellas Hess, Inc.: Obsolescent Precedent Or Good Law After Quill Corp. V. North Dakota?, Catherine V. Lane

Washington and Lee Law Review

No abstract provided.


Lashawn A. V. Dixon: Responding To The Pleas Of Children, Stacy Marie Colvin Mar 1992

Lashawn A. V. Dixon: Responding To The Pleas Of Children, Stacy Marie Colvin

Washington and Lee Law Review

No abstract provided.


Bowers V. Hard Wick: The Enigmatic Fifth Vote And The Reasonableness Of Moral Certitude, Allan Ides Jan 1992

Bowers V. Hard Wick: The Enigmatic Fifth Vote And The Reasonableness Of Moral Certitude, Allan Ides

Washington and Lee Law Review

No abstract provided.


Politics And Due Process Don't Mix: Should The State Claims Commission Be Abolished, Rodney A. Smolla Jan 1986

Politics And Due Process Don't Mix: Should The State Claims Commission Be Abolished, Rodney A. Smolla

Scholarly Articles

Not available.


Constitutionality Of Notice In Virginia Probate And Estate Administration Sep 1985

Constitutionality Of Notice In Virginia Probate And Estate Administration

Washington and Lee Law Review

No abstract provided.


Pretrial Bail: A Deprivation Of Liberty Or Property With Due Process Of Law Sep 1983

Pretrial Bail: A Deprivation Of Liberty Or Property With Due Process Of Law

Washington and Lee Law Review

No abstract provided.


The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla Nov 1982

The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla

Scholarly Articles

Not available.


The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla Jan 1982

The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla

Scholarly Articles

None available.


Policing The Head Shops: Are Bongs, Roach Clips, Syringes, And ... Prohibited Drug Paraphernalia? Jan 1981

Policing The Head Shops: Are Bongs, Roach Clips, Syringes, And ... Prohibited Drug Paraphernalia?

Washington and Lee Law Review

No abstract provided.


Fairness Or Federalism In The Supreme Court's Minimum Contact Analysis: World-Wide Volkswagen Corp. V. Woodson Sep 1980

Fairness Or Federalism In The Supreme Court's Minimum Contact Analysis: World-Wide Volkswagen Corp. V. Woodson

Washington and Lee Law Review

No abstract provided.


Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz Mar 1979

Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz

Washington and Lee Law Review

No abstract provided.


Vasap: A Rehabilitation Alternative To Traditional Dwi Penalties Mar 1978

Vasap: A Rehabilitation Alternative To Traditional Dwi Penalties

Washington and Lee Law Review

No abstract provided.


Applying Stone V. Powell: Full And Fair Litigation Of A Fourth Amendment Habeas Corpus Claim Jan 1978

Applying Stone V. Powell: Full And Fair Litigation Of A Fourth Amendment Habeas Corpus Claim

Washington and Lee Law Review

No abstract provided.


Shaffer V. Heitner: The Supreme Court Establishes A Uniform Approach To State Court Jurisdiction Jan 1978

Shaffer V. Heitner: The Supreme Court Establishes A Uniform Approach To State Court Jurisdiction

Washington and Lee Law Review

No abstract provided.


Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack Jan 1978

Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack

Washington and Lee Law Review

No abstract provided.


Constitutionality Of Mechanics' Liens Statutes Sep 1977

Constitutionality Of Mechanics' Liens Statutes

Washington and Lee Law Review

No abstract provided.


Procedural Due Process And Prejudgment Creditor Remedies: A Proposal For Reform Of The Balancing Test, William H. Newton, Iii Jan 1977

Procedural Due Process And Prejudgment Creditor Remedies: A Proposal For Reform Of The Balancing Test, William H. Newton, Iii

Washington and Lee Law Review

No abstract provided.


Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson Jan 1977

Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson

Washington and Lee Law Review

No abstract provided.


Analyzing The Debtor's Due Process Interest, Doug Rendleman Oct 1975

Analyzing The Debtor's Due Process Interest, Doug Rendleman

Scholarly Articles

None available


The New Due Process: Rights And Remedies, Doug Rendleman Apr 1975

The New Due Process: Rights And Remedies, Doug Rendleman

Scholarly Articles

None available