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Articles 1 - 26 of 26
Full-Text Articles in Law
The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School
The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School
Student Newspapers
No abstract provided.
Due Process In Lawyer Disciplinary Cases: From The Cradle To The Grave, William Brewer Jr.
Due Process In Lawyer Disciplinary Cases: From The Cradle To The Grave, William Brewer Jr.
South Carolina Law Review
No abstract provided.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert
Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert
Reviews
The due process revolution has failed. Never mind that this verdict is an oversimplified exaggeration. It is closer to the truth than its opposite. Giving powerless, dependent, poor people property interests in their welfare benefits and the right to call those who exercise discretion over them legally into account does not magically cure the poverty, powerlessness, or dependency that motivated the extension of rights in the first instance. The optimistic view of legality that motivated much of the social activism of the late sixties and early seventies inevitably gives way before the reality of being poor.
United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn
United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn
LLM Theses and Essays
The debarment, suspension, and termination of the Government contract can cause a sudden financial ruin or bankruptcy of the contractor. Consequently, the question of whether the Government’s debarment, suspension, and termination is proper can be of vital importance. This thesis, in consequence, will focus on two major problem areas of the unilateral act of the government in contracting with the contractor. The first problem area is whether the debarment and suspension meet the requirement of due process of law. The second problem area is whether or not the government’s right to terminate the contract is proper or legal in specific …
Abortion Rights, Eileen Kaufman
Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re
Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re
Cleveland State Law Review
As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver
Scholarly Works
Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that the first amendment values support a judicial …
Enforcement Of Foreign Money-Judgments In The United States: In Search Of Uniformity And International Acceptance, Ronald A. Brand
Enforcement Of Foreign Money-Judgments In The United States: In Search Of Uniformity And International Acceptance, Ronald A. Brand
Articles
When international trade and investment increase, so does the need for satisfactory means of dispute resolution. Dispute resolution in national courts requires that litigants consider not only the likelihood of a favorable judgment but also the ability to collect on that judgment. In cases where the defendant’s assets lie in another jurisdiction, collection is possible only if the second jurisdiction will recognize the first jurisdiction’s judgment.
In the international arena, enforcement of United State judgments overseas is often possible only if the United States court rendering the judgment would enforce a similar decision of the foreign enforcing court. This reciprocity …
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
Georgetown Law Faculty Publications and Other Works
What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …