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Full-Text Articles in Law

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh Jan 2021

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.


Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams Jan 1977

Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams

University of Richmond Law Review

In his first five years on the United States Supreme Court, Justice Lewis F. Powell, Jr. has become and will most likely continue to be a leading force in shaping the direction of the Court. In many areas, Justice Powell's desire for judicial flexibility as well as judicial restraint has made him a leader in turning the Burger Court away from the bright-line tests enunciated by the Warren Court. However, where the Warren Court had been flexible, Justice Powell has usually preserved this flexibility and expanded it if possible. The tool consistently utilized to achieve this flexibility has been a …


Making Sense Of The Prejudgment Seizure Cases, Richard S. Kay, Harold M. Lubin Jan 1976

Making Sense Of The Prejudgment Seizure Cases, Richard S. Kay, Harold M. Lubin

Kentucky Law Journal

No abstract provided.


Constitutional Law-Due Process-Ex Parte Seizure Of Secured Property Under Judicial Supervision Held Not To Violate Due Process Jan 1975

Constitutional Law-Due Process-Ex Parte Seizure Of Secured Property Under Judicial Supervision Held Not To Violate Due Process

University of Richmond Law Review

Summary creditor remedies have come under increasing attack in recent years. The major question has been whether prejudgment seizures of secured property comport with procedural due process. The United States Supreme Court, in Fuentes v. Shevin, had apparently settled the question by holding that procedural due process requires notice to the debtor and an opportunity to be heard before a state authorizes its agents to seize property from him on the application of another.


Constitutional Law- Prejudgment Self-Help Repossession Of Secured Property Held Not To Violate Due Process Jan 1974

Constitutional Law- Prejudgment Self-Help Repossession Of Secured Property Held Not To Violate Due Process

University of Richmond Law Review

The fourteenth amendment to the United States Constitution guarantees that no state shall deprive any person of property without due process of law. Whenever a state is directly involved in the prejudgment repossession of secured property, the debtor's due process rights are clearly violated. But creditors have awaited judicial determinations defining state involvement. The states Uniform Commercial Code statutes allow private repossessions of secured property without giving the defaulting debtor prior notice or the opportunity for a hearing. There is disagreement over whether such explicit authorization by state statutes constitutes sufficient state involvement to be in violation of the fourteenth …


Fuentes V. Shevin: The Application Of Constitutional Due Process To The Garageman's Lien In Kentucky, Roger L. Crittenden Jan 1974

Fuentes V. Shevin: The Application Of Constitutional Due Process To The Garageman's Lien In Kentucky, Roger L. Crittenden

Kentucky Law Journal

No abstract provided.


The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White Jan 1973

The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White

Articles

In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …