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Articles 1 - 16 of 16
Full-Text Articles in Law
The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone
The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone
All Faculty Scholarship
Throughout the United States, mentally ill persons are confined against their will in psychiatric hospitals as a result of being accused of dangerous behavior. Some are committed involuntarily by a judge after an administrative hearing during which they are afforded legal representation, a right to be present, and important due process protections, including the right to cross-examine witnesses and present one's own witnesses. However, a significant number of individuals, initially confined in psychiatric institutions for allegedly posing a danger to life or safety, never see an impartial judge, lawyer, or even a family member. These mentally ill individuals are not …
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Scholarly Publications
No abstract provided.
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
Northern Illinois University Law Review
This comment argues that university students who face suspension or expulsion for disciplinary reasons, as opposed to academic dismissal, are entitled to have retained legal counsel represent them as an element of procedural due process. The article begins with a general discussion of the jurisprudence that has developed concerning the Fourteenth Amendment's Due Process Clause. Utilizing both federal and state court decisions, the comment then demonstrates that university students hold protected liberty and property interests in their collegiate educations or degrees such that the procedural protections of the Due Process Clause are triggered when students face disciplinary suspension or expulsion. …
The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson
The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson
University of Michigan Journal of Law Reform
In this Article, Professor Lloyd Anderson examines the recent decision M.L.B. v. S.L.J., in which the United States Supreme Court held that due process and equal protection converge to require that states cannot require indigent parents who seek to appeal decisions terminating their parental rights to pay court costs they cannot afford. Noting that this decision expands the constitutional right of cost-free appeal from criminal to civil cases for the first time, Professor Anderson discusses the characteristics a civil case should have in order to qualify for such a right. Professor Anderson proposes a number of other civil cases, …
The Demonization Of Jonathan Pollard, Kenneth Lasson
The Demonization Of Jonathan Pollard, Kenneth Lasson
All Faculty Scholarship
This article discusses the case of Jonathan Pollard, and the issues surrounding his conviction of spying for Israel while acting as a U.S. naval intelligence analyst. Cited are the writer's view of the inequities of his conviction, and possible political motivations for his sentence.
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
All Faculty Scholarship
The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice . The rationale of the doctrine is that if there is no other person who can make the decision, let the biased person decide the case rather than have no decision made at all. The rule of necessity has been used in state administrative proceedings liberally despite the fact that it is widely recognized as unfair. This article analyzes current approaches to the doctrine, and after …
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Scholarly Works
No abstract provided.
The Abortion Right, Originalism, And The Fourteenth Amendment, Steven Graines, Justin Wyatt
The Abortion Right, Originalism, And The Fourteenth Amendment, Steven Graines, Justin Wyatt
Cleveland State Law Review
In this article, the Privileges or Immunities Clause will be re-conceived in its original context, at the center of the Fourteenth Amendment. This re-conception includes the assumption that The Slaughter-House Cases" were decided incorrectly.'" The contention of the article is that abortion restrictions, as a specific originalist matter, can be considered economic legislation and that they also economically burden women, such that they unconstitutionally abridge two privileges or immunities, the Lochnerian liberties to contract and the engagement in any of the common occupations. Specifically, abortion restrictions violate "the prohibition on redistributive 'class' legislation ... that was deeply rooted in the …
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …
From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman
From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman
Touro Law Review
No abstract provided.
From A Whimper To A Bang: The Trend Toward Finding Occurrence Based Statutes Of Limitations Governing Negligent Misdiagnosis Of Diseases With Long Latency Periods Unconstitutional, Peter Zablotsky
Scholarly Works
No abstract provided.
Due Process, Jurisdiction And A Hague Judgments Convention, Ronald A. Brand
Due Process, Jurisdiction And A Hague Judgments Convention, Ronald A. Brand
Articles
Due process is perhaps one of the most misunderstood concepts in the U.S. legal system, especially as it appears to those outside the United States. For lawyers trained in the United States, 'due process' becomes a phrase with special meaning resulting from the study of a number of judicial decisions, especially those of the U.S. Supreme Court. For lay persons, and for lawyers from other countries, discussions of 'due process' may not always provide a clear understanding of what that phrase means in the U.S. legal system. This paper discusses the historical development of the concept of due process in …
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
Publications
No abstract provided.
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Scholarly Works
No abstract provided.
Litigation Strategies: The Rights Of Homosexuals To Adopt Children, Stella Lellos
Litigation Strategies: The Rights Of Homosexuals To Adopt Children, Stella Lellos
Touro Law Review
No abstract provided.
Gideon's Muted Trumpet, Victoria Nourse
Gideon's Muted Trumpet, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
Once the darling of the legal academy, criminal procedure has fallen into disrepute. Thirty-five years ago, when Gideon was decided, criminal procedure was the flagship of constitutional law, criminal defense attorneys were heroes, and courts and lawyers were perceived as themselves agents of social justice. Today, there are still heroes. But the conventional wisdom, within the academy and the country at large, no longer associates criminal law or procedure with heroism. Indeed, in some quarters, criminal procedure has become the enemy. Increasingly, scholars urge revisionism, popular pundits brand procedural innovations as a loss of "common sense," and philosophers warn that …