Law Commons^™

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle

Vanderbilt Journal of Transnational Law

Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …

The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips

Michigan Law Review

This Note discusses the due process implications of permitting employer access to state child abuse registries when disclosure affects registry members' employment.

Entrapment And Jacobson V. United States: "Doesn't The Government Realize That They Can Destroy A Man's Life?", Leslie G. Bleifus

Northern Illinois University Law Review

This note examines the United States Supreme Court decision finding that the criminal defendant had been entrapped by the government as a matter of law. The author contends that the Court's disposition of this case was not consistent with precedent and concludes that the decision was an implicit application of the due process defense.

Antipsychotic Medication And The Criminal Defendant: Problems Persist Despite A Dose Of Due Process, Brian J. Doherty

Missouri Law Review

Involuntary administration of antipsychotic drugs also raises difficult legal issues within the domain of criminal law. Because antipsychotic drugs affect thought processes, when psychiatrists acting on behalf of the state administer these drugs to a criminal defendant, the state is controlling that defendant's mind to some extent. In Riggins v. Nevada, the United States Supreme Court recognized constitutional protection against involuntarily treating pretrial detainees with antipsychotic drugs. This Note will analyze the Court's decision and discuss unresolved problems concerning the effects of antipsychotic medication on the criminally accused.

Renewing The Good Intentions Of Foster Care: Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980 And The Substantive Due Process Right To Safety, Cristina C.-Y. Chou

Vanderbilt Law Review

Foster care. There are probably no two words in the English language that convey more of a sense of good intentions gone bad. Children enter foster care when their own parents fail them. Then they begin a state-sponsored journey through an over- land railroad of foster homes, some run by adults who truly want to help, and others run by scoundrels.'

The purpose of foster care is to provide a temporary safe haven for children whose parents are unable to care for them. Unfortunately, however, the foster care system frequently fails to provide children with stable, secure care, and fails …

Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf

Faculty Publications

This Article starts with the premise that the right to unemployment insurance benefits is a property right protected by the Fifth and Fourteenth Amendments to the United States Constitution, which apply to noncitizen unemployment applicants as well as to United States citizens. Given this assumption, certain actions being taken by the United States Department of Labor ("DOL") violate both procedural and substantive due process as well as the Administrative Procedure Act ("APA"). The challenged actions involve the DOL's issuance of internally-created missives, termed Unemployment Insurance Program Letters ("Program Letters"), that purport to interpret the meaning of a requirement under federal …

Cornerstones Of The Judicial Process, Jerold H. Israel

Articles

Under our federated system of government, each state and the federal government have their own criminal justice processes. The federal system must comply with the constitutional prerequisites set forth in the Bill of Rights, and the state systems must comply with those Bill of Rights' provisions made applicable to the states by the Fourteenth Amendment,1 but those constitutional prerequisites allow considerable room for variation from one jurisdiction to another. In many respects, the fifty states and the federal government have used that leeway to produce considerable diversity in their respective criminal justice processes. At the same time, however, one can …

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon

Journal of Law and Health

Title II of the ADA, which most closely resembles section 504 of the Rehabilitation Act of 1973, requires that state and local government facilities, including courts, be accessible to individuals with disabilities. Title III of the Act requires that public accommodations be accessible to persons with disabilities. The Act specifically includes attorney's offices in its definition of public accommodation. Title II and III of the Act require that reasonable accommodations be provided to qualified persons with disabilities, unless such provision would fundamentally alter the goods, services or programs provided. Reasonable accommodations can take the form of auxiliary aids and services, …

Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz

Articles by Maurer Faculty

No abstract provided.

States' Right To Confine "Not Guilty By Reason Of Insanity" Acquittees After Foucha V. Louisiana, David S. Wisz

Kentucky Law Journal

No abstract provided.

Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack

Kentucky Law Journal

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks

St. Mary's Law Journal

Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …

Finding A Mechanism To Enforce Women's Rights To Freedom From Domestic Violence In The Americas, Katherine Culliton

KATHERINE CULLITON-GONZÁLEZ

No abstract provided.