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Articles 1 - 30 of 422
Full-Text Articles in Law
Freedom In The Balance: Procedural Due Process Rights And The Burden Of Proof In Detention Hearings In Immigration Removal Proceedings, Colin Brady
William & Mary Bill of Rights Journal
Part I of this Note considers the statutory and regulatory basis for immigration detention. Part II reviews prior cases decided by the Board of Immigration Appeals (BIA) that bear on the question. Part III discusses how the Supreme Court has addressed previous procedural due process concerns within the immigration system and how lower courts have reacted. Part IV lays out how the Supreme Court has conceptualized the constitutional due process rights extended to noncitizens and how that has changed over the years. Part V considers how other categories of individuals are treated with respect to involuntary detention and the burden …
Plaintiff's Problem: Constitutional Concerns With Service Of Process Under Alaska Rule Of Civil Procedure 4(D)(7)-(8), Casey Sawyer
Plaintiff's Problem: Constitutional Concerns With Service Of Process Under Alaska Rule Of Civil Procedure 4(D)(7)-(8), Casey Sawyer
William & Mary Bill of Rights Journal
Rule 4 of Alaska’s Rules of Civil Procedure prescribes how service of process must be completed for a civil lawsuit, much like Rule 4 of the Federal Rules of Civil Procedure. When filing suit against the State of Alaska or one of its agencies or officers, Alaska Civil Rule 4(d)(7)–(8) require that service of process be delivered to multiple locations. The plaintiff will usually have to serve the Attorney General’s office in the district of filing (either Anchorage or Fairbanks) and also must deliver service of process to the Attorney General’s office in Alaska’s capital city of Juneau. If they …
Balancing Liberty And Security: A Proposal For Amplified Procedural Due Process Protections In The U.S. Sanctions Regime, Allison Lofgren
Balancing Liberty And Security: A Proposal For Amplified Procedural Due Process Protections In The U.S. Sanctions Regime, Allison Lofgren
William & Mary Bill of Rights Journal
This Note will concentrate on procedural due process concerns stemming from the imposition of terrorist financing sanctions, and it will primarily discuss designated U.S. persons. This is a narrow focus, but it can be viewed as a microcosm for due process issues present throughout the broader IEEPA [International Emergency Economic Powers Act] regime. Ultimately, this Note will conclude that OFAC [Office of Foreign Assets Control]'s terrorist financing designation process inadequately protects the procedural due process rights of targets, and it will advocate for the implementation of additional procedural protections that balance undeniable constitutional requirements with the critical concern of national …
Goss V. Lopez As A Vehicle To Examine Due Process Protection Issues With Alternative Schools, Ashton Tuck Scott
Goss V. Lopez As A Vehicle To Examine Due Process Protection Issues With Alternative Schools, Ashton Tuck Scott
William & Mary Law Review
Circuits are split on whether students are entitled to procedural protections before school officials may force them into alternative schools. This Note argues that students facing an involuntary transfer to a disciplinary alternative school are entitled to procedural protections under the Due Process Clause of the Fourteenth Amendment. Part I explains the trend toward the use of disciplinary alternative schools and the social and educational harms that these schools exacerbate. Part II explores the current circuit split around the procedural due process rights of students facing involuntary transfer to an alternative school. Part III argues that courts should expand the …
Limited Protection: The Impact Of Illegal Entry On Due Process Rights In Expedited Removal Proceedings, Sun Shen
William & Mary Bill of Rights Journal
[...] This Note argues that illegal entry often limits the scope of asylum seekers’ due process rights in court and negatively impacts the asylum process in a way that runs afoul with the spirit of due process and fairness. Asylum eligibility should not hinge on whether entry is legal, but whether applicants are able to meet the evidentiary burden. Conditioning asylum seekers’ procedural due process rights on the legality of entry creates arbitrary asylum results and carries high risks of sending back asylum seekers to danger, simply because they were not able to obtain valid travel documents from the governments …
You Must Present A Valid Form Of (Gender) Identification: The Due Process And First Amendment Implications Of Tennessee's Birth Certificate Law, Brooke Lowell
William & Mary Bill of Rights Journal
This Note analyzes Tennessee’s prohibition against transgender people changing their gender markers on their birth certificates under both Fourteenth Amendment Substantive Due Process and the First Amendment. Part I discusses the relevant terms related to transgender rights, the importance of birth certificates, and the relevant laws at play. Part II focuses on the Substantive Due Process argument. It lays out the foundational cases and then applies them to analyze whether gender identity is a fundamental right. Part III explores the First Amendment analysis, focusing on gender as speech. It also discusses how government speech affects the analysis. The Note concludes …
A Defense Of The Regulatory Takings Doctrine: A Historical Analysis Of This Conflict Between Property Rights And Public Good And A Prediction For Its Future, Andrew Parslow
William & Mary Environmental Law and Policy Review
Since man first left the state of nature and formed property rights, there have been issues when states desire to use the property of another for what they consider to be the greater good. In their wisdom, the Founding Fathers of the United States built on centuries of historical principles ranging from the Romans to the English and enshrined in the Fifth Amendment the common law notion that “private property [shall not] be taken for public use, without just compensation.” The rise of environmentalism has brought a new frontier to the ancient struggle between the rights of individuals and the …
Constitutional Law: Courts Should Not Forfeit The Barker Factors In Civil Forfeiture—Olson V. One 1999 Lexus Mn License Plate No. 851ldv Vin: Jt6hf10u6x0079461, 924 N.W.2d 594 (Minn. 2019)., Kathryn Simunic
Mitchell Hamline Law Review
No abstract provided.
Wealth, Equal Protection, And Due Process, Brandon L. Garrett
Wealth, Equal Protection, And Due Process, Brandon L. Garrett
William & Mary Law Review
Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of the Equal Protection and Due Process Clauses. That intersection—between equality and due process—deserves far more careful exploration. What I call “equal process” claims arise from a line of Supreme Court and lower court cases in which wealth inequality is the central concern. For example, the Supreme Court in Bearden v. Georgia conducted analysis of a claim that criminal defendants were treated differently based on wealth in which due process and equal protection principles converged. That equal process connection is at the forefront of a wave of national litigation concerning …
“To This Tribunal The Freedman Has Turned”: The Freedmen’Sbureau’S Judicial Powers And The Origins Of The Fourteenthamendment, Hon. Bernice B. Donald, Pablo J. Davis
“To This Tribunal The Freedman Has Turned”: The Freedmen’Sbureau’S Judicial Powers And The Origins Of The Fourteenthamendment, Hon. Bernice B. Donald, Pablo J. Davis
Louisiana Law Review
The article explores the U.S. Freedmen's Bureau as a significant part of the context of the Fourteenth Amendment's enactment by looking at the Bureau's judicial powers, and their grant, exercise, and political effects.
Keeping “I Do” Between Two: A Post-Obergefell Analysis Of A Bigamous Marriage And Its Implications For Louisiana’S Matrimonial Regime, Mclaurine H. Zentner
Keeping “I Do” Between Two: A Post-Obergefell Analysis Of A Bigamous Marriage And Its Implications For Louisiana’S Matrimonial Regime, Mclaurine H. Zentner
Louisiana Law Review
The article focuses on the U.S. expansion of individual rights and liberties and the significant ambiguities surrounding the Supreme Court's interpretation of the Due Process and Equal Protection clauses of the Fourteenth Amendment and constitutional analysis of Louisiana's criminal bigamy statute.
The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore
Belmont Law Review
In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a)(3) was …
Rationing Justice: The Need For Appointed Counsel In Removal Proceedings Of Unaccompanied Immigrant Children, Wesley C. Brockway
Rationing Justice: The Need For Appointed Counsel In Removal Proceedings Of Unaccompanied Immigrant Children, Wesley C. Brockway
University of Colorado Law Review
No abstract provided.
The Forgotten Provision Of The Fourteenth Amendment: Section 2 And The Evolution Of American Democracy, Earl M. Maltz
The Forgotten Provision Of The Fourteenth Amendment: Section 2 And The Evolution Of American Democracy, Earl M. Maltz
Louisiana Law Review
No abstract provided.
Crossing The Constitutional Line: Due Process And The Law Enforcement Justification, Gail M. Greaney
Crossing The Constitutional Line: Due Process And The Law Enforcement Justification, Gail M. Greaney
Notre Dame Law Review
No abstract provided.
What Is Access To Justice?, Trevor C. W. Farrow
What Is Access To Justice?, Trevor C. W. Farrow
Osgoode Hall Law Journal
Access to justice is the most pressing justice issue today. It has become the major focus of essentially all stakeholders in the legal community—governments, regulators, bar associations, researchers, and educators. It now needs to become an increasing topic of attention for those who use the system: the public. With all of this attention, what does the phrase “access to justice” really mean, particularly from the perspective of the public? In addition to reviewing the access to justice literature and policy initiatives, this article develops a public centered understanding of access to justice. It does so primarily by reporting on a …
Are Mandatory Class Actions Unconstitutional, Patricia Anne Solomon
Are Mandatory Class Actions Unconstitutional, Patricia Anne Solomon
Notre Dame Law Review
No abstract provided.
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Indiana Law Journal
In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …
Selected Coverage Of The 149th Session Of The Inter-American Commission On Human Rights, Brittany West, Whitney-Ann Mulhauser, Jason Cowin
Selected Coverage Of The 149th Session Of The Inter-American Commission On Human Rights, Brittany West, Whitney-Ann Mulhauser, Jason Cowin
Human Rights Brief
No abstract provided.
The Pre-History Of Piracy As A Crime & Its Definitional Odyssey, Michael J. Kelly
The Pre-History Of Piracy As A Crime & Its Definitional Odyssey, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott
University of Miami Inter-American Law Review
No abstract provided.
California Garageman's Liens: Procedural Due Process Restored, Len Carafa
California Garageman's Liens: Procedural Due Process Restored, Len Carafa
Pepperdine Law Review
No abstract provided.
Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman
Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman
Pepperdine Law Review
No abstract provided.
Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch
Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch
Pepperdine Law Review
No abstract provided.
The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz
The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz
Pepperdine Law Review
No abstract provided.
In Re Lisa R. 13 Cal. 3d 336, 532 P.2d 123, 119 Cal. Rptr. 475 (1975), Elliot Shelton
In Re Lisa R. 13 Cal. 3d 336, 532 P.2d 123, 119 Cal. Rptr. 475 (1975), Elliot Shelton
Pepperdine Law Review
No abstract provided.
The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr
The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr
Pepperdine Law Review
No abstract provided.
Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane
Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane
Pepperdine Law Review
No abstract provided.
From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello
From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello
Pepperdine Law Review
No abstract provided.
Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin
Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin
Pepperdine Law Review
No abstract provided.