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2013

Due process

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Institution
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Articles 1 - 30 of 59

Full-Text Articles in Law

An Inconsistent Invitation: Am I Invited To Be A Party? How Not Affording Party Status To Youth In Washington Dependency Hearings Can Be A Violation Of Due Process, Laura Baird Dec 2013

An Inconsistent Invitation: Am I Invited To Be A Party? How Not Affording Party Status To Youth In Washington Dependency Hearings Can Be A Violation Of Due Process, Laura Baird

Seattle Journal for Social Justice

No abstract provided.


Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker Sep 2013

Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman Sep 2013

Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman

Nevada Law Journal

No abstract provided.


When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen Jun 2013

When Congress Practices Medicine: How Congressional Legislation Of Medical Judgment May Infringe A Fundamental Right, Shannon L. Pedersen

Touro Law Review

No abstract provided.


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole May 2013

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.


Lis Pendens And Procedural Due Process, William B. Hanley May 2013

Lis Pendens And Procedural Due Process, William B. Hanley

Pepperdine Law Review

No abstract provided.


Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan May 2013

Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan

Pepperdine Law Review

No abstract provided.


Void For Vagueness: State Statutes Proscribing Conduct Only For A Juvenile, Edward R. Roybal May 2013

Void For Vagueness: State Statutes Proscribing Conduct Only For A Juvenile, Edward R. Roybal

Pepperdine Law Review

No abstract provided.


Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh May 2013

Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh

Pepperdine Law Review

No abstract provided.


Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss May 2013

Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss

Pepperdine Law Review

No abstract provided.


Privacy, Jed Rubenfeld Apr 2013

Privacy, Jed Rubenfeld

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Due Process In A Nutshell, Arthur Markewich Apr 2013

Due Process In A Nutshell, Arthur Markewich

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro Apr 2013

Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr Apr 2013

Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii Apr 2013

Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle Apr 2013

Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Yoder - Hardwicke Dialogue: Does Mandatory Quality Assurance Oversight Of Alj Decisions Violate Alj Decisional Independence, Due Process Or Ex Parte Prohibitions?, Ronnie A. Yoder, John Hardwicke Apr 2013

Yoder - Hardwicke Dialogue: Does Mandatory Quality Assurance Oversight Of Alj Decisions Violate Alj Decisional Independence, Due Process Or Ex Parte Prohibitions?, Ronnie A. Yoder, John Hardwicke

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger Apr 2013

The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales Apr 2013

Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein Apr 2013

Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Richard S. Schweiker V William Mcclure, David J. Agatstein Apr 2013

Richard S. Schweiker V William Mcclure, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese Apr 2013

Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Impartiality In Employment Cases - Judge As Witness Before Himself: Walter Lee Hearne V. Wayne Sherman, Health Director Of Chatham County, Monique Shamun Apr 2013

Judicial Impartiality In Employment Cases - Judge As Witness Before Himself: Walter Lee Hearne V. Wayne Sherman, Health Director Of Chatham County, Monique Shamun

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg Apr 2013

Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg

Journal of the National Association of Administrative Law Judiciary

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 …


Administrative Law In Minnesota, William Brown Apr 2013

Administrative Law In Minnesota, William Brown

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown Apr 2013

Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt Apr 2013

Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Court Of Special Appeals Of Maryland Holds No Res Judicata, No Double Jeopardy, And No Due Process Violation In State Employee Termination. Maryland State Department Of Education V. Douglas Shoop, Sama Shabib Apr 2013

Court Of Special Appeals Of Maryland Holds No Res Judicata, No Double Jeopardy, And No Due Process Violation In State Employee Termination. Maryland State Department Of Education V. Douglas Shoop, Sama Shabib

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette Apr 2013

Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf Apr 2013

Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf

Journal of the National Association of Administrative Law Judiciary

This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …