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Articles 1 - 7 of 7
Full-Text Articles in Law
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
Scholarly Articles
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. …
Administrative Notice In Political Asylum Appeals: Does The Motion To Reopen Preserve The Alien's Due Process Rights, James C. Frasher, Xuan T. Tran
Administrative Notice In Political Asylum Appeals: Does The Motion To Reopen Preserve The Alien's Due Process Rights, James C. Frasher, Xuan T. Tran
Notre Dame Law Review
No abstract provided.
Omi Holdings V. Royal Insurance: Applying The Minimum Contacts Test To Territory Of Coverage Clauses, Tamara S. Brandt
Omi Holdings V. Royal Insurance: Applying The Minimum Contacts Test To Territory Of Coverage Clauses, Tamara S. Brandt
Notre Dame Law Review
No abstract provided.
Substantive Due Process, Erwin Chemerinsky
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
St. Mary's Law Journal
As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …