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Articles 1 - 10 of 10
Full-Text Articles in Law
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
UF Law Faculty Publications
Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.
Human Rights And Due Process Of Law, Donald E. Wilkes Jr.
Human Rights And Due Process Of Law, Donald E. Wilkes Jr.
Popular Media
One of our constitutional rights, the right to due process of law, is terra incognita to most Americans, even though it is one of the most important constitutional rights. This article discusses the history of this fundamental right.
The Equal Protection Of Free Exercise: Two Approaches And Their History, Bernadette Meyler
The Equal Protection Of Free Exercise: Two Approaches And Their History, Bernadette Meyler
Cornell Law Faculty Publications
Contrary to critics of the Supreme Court's current equal protection approach to religious liberty, this Article contends that, from the very first federal free exercise cases, the Equal Protection and Free Exercise Clauses have been mutually intertwined. The seeds of an equal protection analysis of free exercise were, indeed, planted even before the Fourteenth Amendment within the constitutional jurisprudence of the several states. Furthermore, this Article argues, equal protection approaches should not be uniformly disparaged. Rather, the drawbacks that commentators have observed result largely from the Supreme Court's application of an inadequate version of equal protection. By ignoring the lessons …
Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps
Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps
All Faculty Scholarship
The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.
Forget The Fundamentals: Fixing Substantive Due Process, Kermit Roosevelt Iii
Forget The Fundamentals: Fixing Substantive Due Process, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
The Citizenship Dialectic, Ediberto Román
The Citizenship Dialectic, Ediberto Román
Faculty Publications
Imagine that you reside in a country not unlike the United States, with a similar cultural, economic, racial and ethnic mix. As in many other countries, the events of September 11, 2001, dramatically changed the lives of the inhabitants of your land. Your country passed a series of Special Laws specifically designed to enhance national security, and has joined the United States in its efforts in Afghanistan and Iraq. Your country's law enforcement and military officials, in several high-profile arrests that captured the attention of the populace, took three suspects into custody who allegedly were involved in terrorist-related activities. While …
Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman
Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman
Faculty Articles
This article will discuss the scope of services and rationale for the right to a free lawyer in civil matters as is the case in criminal cases. This right is currently provided in the 49 European member countries in the Council of Europe (COE), Australia, Canada, India, New Zealand, Hong Kong, Japan, Zambia, South Africa, and Brazil. Frequent reference will be made to a chart in the appendix, which condenses extensive information about programs in each of these countries. The article’s general conclusion regarding the foreign programs is that the right to a free lawyer in civil matters is a …
The Riddle Of Hiram Revels, Richard A. Primus
The Riddle Of Hiram Revels, Richard A. Primus
Articles
In 1870, a black man named Hiram Revels was named to represent Mississippi in the Senate. Senate Democrats objected to seating him and pointed out that the Constitution specifies that no person may be a senator who has not been a citizen of the United States for at least nine years. Before the ratification of the Fourteenth Amendment in 1868, the Democrats argued, Revels had not been a citizen on account of the Supreme Court's 1857 decision in Dred Scott v. Sandford. Thus, even if Revels were a citizen in 1870, he had held that status for only two years. …
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Faculty Articles and Other Publications
Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …
Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker
Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker
Articles
When asked to provide commentary on another scholar's reflections on Grutterl and Gratz and affirmative action, I am usually struck by two fears. First, because so much ink has been spilled on this topic, I worry the main presenter will have nothing new and interesting to say. Today this worry has been put to rest; I am so pleased that Professor Dorothy Brown offers a number of novel and intriguing observations and, in the end, advances a novel and intriguing proposal about the role Critical Race Theory ought to play in our nation's law school classrooms. Second, for the same …