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Articles 1 - 6 of 6
Full-Text Articles in Law
Appraising The Devos Tix Rule: Due Process In Campus Adjudication Processes, Athulya Nath
Appraising The Devos Tix Rule: Due Process In Campus Adjudication Processes, Athulya Nath
CMC Senior Theses
The increasing awareness and desire to fight sexual violence on college campuses have led to focusing campus adjudication processes on achieving justice. This thesis will analyze Betsy DeVos’s Title IX changes and explore whether she achieves due process protections in the new policy. This thesis will detail DeVos’s various changes – increased evidentiary standard, live hearing and cross-examination, narrowed definitions, reduction of responsible employees, and presumption of innocence for accused students – and how these changes are beneficial or detrimental to due process as a whole. This thesis will also explore the presence of rape culture on college campuses, the …
Issues Of Right To Legal Counsel In Immigrant Removal Proceedings: Due Process Framework And Applicability, Cambria A. Judd Babbitt
Issues Of Right To Legal Counsel In Immigrant Removal Proceedings: Due Process Framework And Applicability, Cambria A. Judd Babbitt
Honors Projects
Immigration removal proceedings suffer from a lack of procedural due process protections for non-citizens facing deportation charges. This research examines constitutional due process framework, what it entails, and how it is to be fairly applied to non-citizens in the United States. Special attention is paid to ways the immigration court system is subject to unjust and biased procedures that make it difficult for immigrants to succeed in their removal cases. The main focus of this study is on the importance of direct legal representation in removal proceedings to support non-citizens and keep courts accountable for upholding the due process of …
Retitling Title Ix, Matthew F. Marino
Retitling Title Ix, Matthew F. Marino
Seton Hall University Dissertations and Theses (ETDs)
Title IX, a federal education policy put into place in the early 1970s, has been under the microscope for its perceived failure to protect students from sexual misconduct. Since 2011, and especially since 2017, conflict has existed among higher education, the judicial system, and the Department of Education (ED), resulting in little clarity as to proper Title IX response. However, little research exists that attempts to examine court cases for both commonalities and divergence in how higher education institutions respond to Title IX incidents of sexual misconduct and whether those procedures mesh with how the courts view proper Title IX …
Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin
Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin
LL.M. Essays & Theses
Specific jurisdiction in civil litigation centers on the rather general,yet immutable, concept of intention. Although the word “intention” does not surface prominently in the personal jurisdiction case law, it is clearly intrinsic to the concept of “purposeful availment”. On the Internet, however, intention is hard to ascertain: how does a court, for example, determine whether the defendant intended that its website, application, or advertisement within a mobile application should end up in the forum state? In answering such a question, courts have historically used one of two approaches to establish intent: (i) a targeting test or (ii) a degree of …
Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos
Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos
Dissertations, Theses, and Capstone Projects
Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …
A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo
A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo
Selected Honors Theses
This thesis is about the Supreme Court case Roe v. Wade and how the Court in Roe ruled a child as a “potential to life.” The Fifth and Fourteenth Amendments show that there is an expectation of privacy in regards to a woman and her doctor but it is questionable as to whether or not the expectation of privacy can cover the fetus in the womb. The question raised next is whether or not the woman has complete rights to the fetus and whether or not she can decide if the fetus has a right to live or not. Coming …