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Full-Text Articles in Law

Due Process And Parole Revocation, Michigan Law Review Nov 1978

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …


Proposals For Reform Of Florida's Provisional Creditor Remedies, John W. Larson Oct 1978

Proposals For Reform Of Florida's Provisional Creditor Remedies, John W. Larson

Florida State University Law Review

No abstract provided.


1977 Amendments To The Administrative Procedure Act, George Sheldon Apr 1978

1977 Amendments To The Administrative Procedure Act, George Sheldon

Florida State University Law Review

No abstract provided.


The Identification Of Incompetent Defendants: Separating Those Unfit For Adversary Combat From Those Who Are Fit, Claudine Walker Ausness Jan 1978

The Identification Of Incompetent Defendants: Separating Those Unfit For Adversary Combat From Those Who Are Fit, Claudine Walker Ausness

Kentucky Law Journal

No abstract provided.


Quiet Revolution: The Development Of Notice Requirements In Admiralty In Rem Actions, Ronald M. Morris Jan 1978

Quiet Revolution: The Development Of Notice Requirements In Admiralty In Rem Actions, Ronald M. Morris

Vanderbilt Journal of Transnational Law

The personification theory has declined in acceptance in the United States since the turn of the century. It is now largely discredited, and has been labeled a mere "literary theme" whose disappearance is "to be welcomed. The personification theory maintains vitality, however, because it provides a rationale for concluding that a ship, and not her owner, may be liable--a result many courts find difficult to justify without the theory.

If the personification theory is taken to its logical extreme, the constitutional due process requirement of notice and opportunity to defend is satisfied by pasting a summons to the vessel's bridge. …


War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein Jan 1978

War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein

Vanderbilt Journal of Transnational Law

Must any state that holds and controls prisoners either prosecute those accused of having committed serious violations of international law or extradite them to a state that will prosecute? Finally, would similar breaches of international law by India or Indian troops obviate any jurisdictional competence or duties of India or Bangladesh?

The questions seemed unusual, at least in view of the past practices of international tribunals of the United States in prosecutions of its nationals. Specific criminal applications of relevant international norms had been relatively sparse.' There were problems with the applicability of international norms to Bangladesh, especially during the …


Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer Jan 1978

Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer

Scholarly Works

In 1976 the Michigan Supreme Court’s determined in Doe v. State that procedural due process requires an owner of a significant interest in real property to be given notice of the state’s foreclosure petition and a meaningful opportunity for a hearing which he may challenge the state’s claim that property taxes remain unpaid without legal justification. This casenote examines the existing legal precedent during the Doe v. State decision, the Michigan Supreme Court’s decision and analysis, and the legislature’s actions following the decision.


Prisoner Access To Parole Files: A Due Process Anaylsis, John P. Mccahey Jan 1978

Prisoner Access To Parole Files: A Due Process Anaylsis, John P. Mccahey

Fordham Law Review

No abstract provided.