Law Commons^™

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.

Due Process Court Of Appeals

Touro Law Review

No abstract provided.

Due Process As Choice Of Law: A Study In The History Of A Judicial Doctrine, Matthew J. Steilen

Journal Articles

This Article argues that procedural due process can be understood as a choice-of-law doctrine. Many procedural due process cases require courts to choose between a procedural regime characteristic of the common law - personal notice, oral hearing, neutral judge, and jury trial - and summary procedures employed in administrative agencies.

This way of thinking about procedural due process is at odds with the current balancing test associated with the Supreme Court’s opinion in Mathews v. Eldridge. This Article aims to show, however, that it is consistent with case law over a much longer period, indeed, most of American history. It …

Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins

Akron Law Review

The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris

Touro Law Review

No abstract provided.

Limits Of Procedural Choice Of Law, S. I. Strong

Faculty Publications

Commercial parties have long enjoyed significant autonomy in questions of substantive law. However, litigants do not have anywhere near the same amount of freedom to decide procedural matters. Instead, parties in litigation are generally considered to be subject to the procedural law of the forum court.

Although this particular conflict of laws rule has been in place for many years, a number of recent developments have challenged courts and commentators to consider whether and to what extent procedural rules should be considered mandatory in nature. If procedural rules are not mandatory but are instead merely “sticky” defaults, then it may …

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand

Articles

In their article, Forum Non Conveniens and The Enforcement of Foreign Judgments, Christopher Whytock and Cassandra Burke Robertson provide a wonderful ride through the landscape of the law of both forum non convenience and judgments recognition and enforcement. They explain doctrinal development and current case law clearly and efficiently, in a manner that educates, but does not overburden, the reader. Based upon that explanation, they then provide an analysis of both areas of the law and offer suggestions for change. Those suggestions, they tell us, are necessary to close the “transnational access-to-justice gap” that results from apparent differences between rules …

State Marital Property Laws And Federally Created Benefits: A Conflict Of Laws Analysis, Louise Everett Graham

Law Faculty Scholarly Articles

The laws of individual states have historically controlled familial relationships and the rights and responsibilities derived from them. The injection of federal rights into the domestic relations area has generally been confined to resolution of claims that the application of particular state laws violated either due process or equal protection rights of particular persons. In a limited number of cases concerning marital property, however, one party has relied upon a federal law creating a benefit or right that conflicts with the state-created rule apportioning marital property or establishing a support obligation. Such a conflict of laws problem arose in McCarty …

Book Reviews, John A. Gorfinkel, Arthur S. Miller, Bruce L. Mcdonald

Vanderbilt Law Review

American Conflicts Law By Robert A. Leflar Indianapolis: Bobbs-Merrill Co., Inc., 1968. Pp. lxxvi, 677. $19.50

reviewer: John A. Gorfinkel

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The Policy-Making Process By Charles E. Lindblom EnglewoodCliffs: Prentice-Hall, Inc. 1968. Pp. 122. $4.95 (Cloth), $1.95 (Paper).

reviewers: Arthur S.Miller, Bruce L. McDonald

The Conflict Of Laws: The Experience Of The Australian Federation, Zelman Cowen

Vanderbilt Law Review

For American lawyers conflict of laws problems arise at two levels. One group of problems appears within the area governed by the Federal Constitution, while others arise within a wider international area. The decision of a New York forum in a case involving Michigan elements may very well differ from that reached by the same forum where the foreign elements involve England or France. The Constitution itself is often responsible for this difference. For example, questions of full faith and credit or of due process may be involved. It is not surprising, therefore, that the question has been posed whether …

The Bill Of Rights, The Fourteenth Amendment And The Supreme Court, John Raeburn Green

Michigan Law Review

The first enforcement of any of the First Amendment freedoms against the states, through the Fourteenth Amendment, was in 1927. In the twenty years since, these freedoms have, one by one, been brought within the protection of the due process clause of the Fourteenth Amendment, as integral parts of the "liberty" which is safeguarded against state denial-the process having been completed in 1947 by the dictum that the prohibition of the establishment of religion ran against the states. The chronology of the struggle to enforce the Bill of Rights against the states, as well as other circumstances, suggests that the …

Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State

Michigan Law Review

A summons addressed to the defendant corporation was served upon one of its officers at his private residence in Minnesota. The defendant, appearing specially, moved to set aside the service on the ground that it was a foreign corporation not transacting business in the state and that it had empowered no one to accept service of process there in its behalf. The plaintiff contended that the acquisition and ownership of property in Minnesota brought the defendant into the state and under the jurisdiction of its courts. Held, jurisdiction over the corporate property did not give jurisdiction over the corporate …