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Full-Text Articles in Law
Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson
Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson
Michigan Law Review
In this Article, we shall challenge that assumption and propose a workable scheme of ante-mortem probate that both protects the testamentary plan against strike suits and preserves the confidentiality of the plan during the testator's lifetime. Section I reviews the conservatorship model as developed by Professor Langbein and identifies its objectionable features. In Section II, we address the general constitutional question of what property interests command due process protection. This context poses the constitutional problem narrowly, but our analysis has broad implications regarding constitutional notice requirements for any probate reform. Concluding in that Section that due process does not compel …
Police Use Of Trickery As An Interrogation Technique, James G. Thomas
Police Use Of Trickery As An Interrogation Technique, James G. Thomas
Vanderbilt Law Review
This Note maintains that trickery can be effectively curtailed despite the failure of Miranda to do so. This Note argues that trickery in the interrogation room is a violation of fourteenth amendment substantive due process. The Supreme Court has recently stated, in very unambiguous terms, that due process requirements exist independently of the fifth amendment Miranda requirements in the interrogation context." This Note therefore proposes an objective due process standard that would prohibit trickery. The violation of this due process standard would require the exclusion at trial of confessions induced by trickery. Because the exclusionary rule is not a sufficient …
Constitutional Constraints On Initiative And Referendum, David J. Jordan
Constitutional Constraints On Initiative And Referendum, David J. Jordan
Vanderbilt Law Review
This Note examines possible constitutional constraints on initiative and referendum. Part II briefly discusses typical initiative and referendum procedures and contrasts these with representative legislative processes. Part III examines the constitutional significance of the differences highlighted in Part II. Finally, Part IV concludes that because of the peculiar political dynamics of initiative and referendum, which diminish normal safeguards of minority interests, courts may appropriately apply heightened due process and equal protection standards when reviewing direct legislation.
"Doing Business": Defining State Control Over Foreign Corporations, William A. Holby
"Doing Business": Defining State Control Over Foreign Corporations, William A. Holby
Vanderbilt Law Review
This Note will attempt to analyze the present status of the term "doing business" or the substitute terminology used to define that level of activity sufficient to subject a foreign corporation to state control in a particular context.' After defining the degree of activity necessary to permit the state to exercise control in each context, this Note will analyze the accuracy and utility of using terminology such as "doing business" in describing whether corporate activity within a state is sufficient to permit state exercise of legislative or judicial jurisdiction. This Note concludes by pro-posing that use of such ambiguous language …
Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico
Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico
Vanderbilt Law Review
The purposes of this Recent Development are as follows: to identify and evaluate recent modifications in the Court's double jeopardy analysis, to propose that the Court's 1977 Term double jeopardy standards dilute the double jeopardy protection previously afforded to criminal defendants, and to suggest that the Court should permit a broader scope of appellate review in double jeopardy cases.
Plea Bargaining Reexamined, Lynn M. Mather
Plea Bargaining Reexamined, Lynn M. Mather
Michigan Law Review
A Review of Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys by Milton Heumann
The Due Process Mandate And The Constitutionality Of Admiralty Arrests And Attachments Pursuant To Supplemental Rules B And C, Jon L. Goodman
The Due Process Mandate And The Constitutionality Of Admiralty Arrests And Attachments Pursuant To Supplemental Rules B And C, Jon L. Goodman
Vanderbilt Journal of Transnational Law
In the past decade, the area of procedural due process, including traditional doctrines of in rem and quasi in rem jurisdiction, has undergone a constitutional facelift. As a result, two of admiralty's most extraordinary features--maritime attachment and garnishment and actions in rem--have been questioned from a constitutional standpoint.
The United States Supreme Court inaugurated the new era with its decision in Sniadach v. Family Finance Corp. In that case, the Court first began changing its procedural due process philosophy by broadening its conception of constitutionally protected forms of property. Having narrowly addressed itself to the question of what constitute constitutionally …
Determinate Sentencing: The Promises And Perils Of Sentence Guidelines, David Crump
Determinate Sentencing: The Promises And Perils Of Sentence Guidelines, David Crump
Kentucky Law Journal
No abstract provided.
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Fordham Law Review
No abstract provided.
The Applicability Of Shaffer To The Quasi-In-Rem Attachment Of Foreigners' Assets, Steven H. Becker
The Applicability Of Shaffer To The Quasi-In-Rem Attachment Of Foreigners' Assets, Steven H. Becker
Vanderbilt Journal of Transnational Law
This Note proposes to examine the nature of United States contacts availed of by foreign defendants, and to determine the impact of Shaffer on the potential assertion of quasi-in-rem jurisdiction based on those contacts. It is instructive to consider quasi-in-rem jurisdiction's relation to four possible scenarios involving a foreign defendant: (1) the foreign defendant who owns real estate in this country; or (2) maintains deposits in United States banks; or (3) invests in securities that are registered locally; or (4) extends credit to United States companies or individuals on a regular basis. This Note ultimately concludes that in light of …
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath
Fordham Law Review
No abstract provided.
The Speedy Trial Act: An Empirical Study, Linda M. Ariola, Deborah A. Demasi, Edward D. Loughman Iii, Timothy G. Reynolds
The Speedy Trial Act: An Empirical Study, Linda M. Ariola, Deborah A. Demasi, Edward D. Loughman Iii, Timothy G. Reynolds
Fordham Law Review
No abstract provided.
The Right To Counsel: Attachment Before Criminal Judicial Proceedings?, Karen Akst Schecter
The Right To Counsel: Attachment Before Criminal Judicial Proceedings?, Karen Akst Schecter
Fordham Law Review
No abstract provided.
Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf
Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf
Kentucky Law Journal
No abstract provided.
Constitutional Law- Due Process-Denial Of Inspection Of Personal Institutional File Does Not Violate A Parole Applicant's Right Of Due Process In The Second Circuit, Rabun Huff Bistline
Constitutional Law- Due Process-Denial Of Inspection Of Personal Institutional File Does Not Violate A Parole Applicant's Right Of Due Process In The Second Circuit, Rabun Huff Bistline
Fordham Urban Law Journal
Case note regarding the due process rights for parole applicants. In Williams v. Ward, the second circuit reversed the lower court and acknowledged that at the very least, some due process rights are guaranteed but that the disclosure of the parole file is not constitutionally guaranteed.
Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman
Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman
Fordham Urban Law Journal
With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.