Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (13)
- Fourteenth Amendment (9)
- Criminal Procedure (6)
- Jurisdiction (5)
- Civil Rights and Discrimination (4)
-
- Administrative Law (3)
- Bankruptcy Law (3)
- Commercial Law (3)
- Criminal Law (3)
- Civil Procedure (2)
- Conflict of Laws (2)
- Courts (2)
- Education Law (2)
- Evidence (2)
- Transportation Law (2)
- Admiralty (1)
- Computer Law (1)
- Construction Law (1)
- Environmental Law (1)
- Estates and Trusts (1)
- First Amendment (1)
- Judges (1)
- Jurisprudence (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Remedies (1)
- Social Welfare Law (1)
- Torts (1)
- Publication Year
- Publication Type
Articles 1 - 30 of 47
Full-Text Articles in Law
Due Process In Civil Commitments, Alexander Tsesis
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
Analyzing The Debtor's Due Process Interest, Doug Rendleman
Scholarly Articles
None available
The New Due Process: Rights And Remedies, Doug Rendleman
The New Due Process: Rights And Remedies, Doug Rendleman
Scholarly Articles
None available