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Articles 1 - 15 of 15
Full-Text Articles in Law
Brief Of Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Darryl K. Brown, Robert P. Burns, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar, Jessica L. West
Brief Of Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Darryl K. Brown, Robert P. Burns, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar, Jessica L. West
Jeffrey Bellin
No abstract provided.
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Jeffrey Bellin
No abstract provided.
The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky
The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Old Blood, Bad Blood, And Youngblood: Due Process, Lost Evidence, And The Limits Of Bad Faith, Norman C. Bay
Old Blood, Bad Blood, And Youngblood: Due Process, Lost Evidence, And The Limits Of Bad Faith, Norman C. Bay
Norman Bay
Under the law of lost evidence, absent a showing of bad faith, no due process violation occurs when the police lose potentially exculpatory evidence. This is so even though the evidence may be critical to the defense and even though post-conviction DNA testing has exonerated more than 200 individuals. Ironically, the case that developed that rule of law, Arizona v. Youngblood, is founded on the conviction of an innocent man. This Article critically examines Youngblood and provides a conceptual framework for examining the constitutional right of access to evidence. Supreme Court precedent reflects two different, sometimes competing, visions of …
Peer Review In Canada: Results From A Promising Experiment, Frederick Zemans, James Stribopoulos
Peer Review In Canada: Results From A Promising Experiment, Frederick Zemans, James Stribopoulos
Frederick H. Zemans
The end point in the access to justice debate often focuses on expanding the availability of legal services for the poor. This article argues that true access to justice requires greater focus on the quality of legal services provided. It tells the story of the introduction of peer review in Canada as a quality assurance tool for evaluating the legal work of a group of criminal lawyers. The article chronicles the various obstacles encountered in making even a very limited form of peer review a reality in Canada, where historically there has been skepticism about the peer review process in …
What Is Access To Justice?, Trevor C. W. Farrow
What Is Access To Justice?, Trevor C. W. Farrow
Trevor C. W. Farrow
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 …
The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla
The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla
Rod Smolla
None available.
Politics And Due Process Don't Mix: Should The State Claims Commission Be Abolished, Rodney A. Smolla
Politics And Due Process Don't Mix: Should The State Claims Commission Be Abolished, Rodney A. Smolla
Rod Smolla
Not available.
The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla
The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla
Rod Smolla
Not available.
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
Rod Smolla
Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Donald L. Beschle
No abstract provided.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
James L. Kainen
No abstract provided.
Free Press-Fair Trial: Review Of Silence Orders, Doug Rendleman
Free Press-Fair Trial: Review Of Silence Orders, Doug Rendleman
Doug Rendleman
None available
Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison
Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison
Brian C. Murchison
None available.
Reforma A Los Procesos Civiles Orales: Consideraciones Desde El Debido Proceso Y Calidad De La Información, Felipe Marín Verdugo, Mauricio Duce, Cristian Riego
Reforma A Los Procesos Civiles Orales: Consideraciones Desde El Debido Proceso Y Calidad De La Información, Felipe Marín Verdugo, Mauricio Duce, Cristian Riego
Felipe Marín Verdugo
This article identifies and explains two different approaches that must be consider facing the design of a civil procedure: (1) due process of law and (2) the quality of the information that will be available to de judge in order to make her decision.