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Articles 1 - 13 of 13
Full-Text Articles in Law
Preserving The Essence Of Zadvydas V. Davis In The Midst Af A National Tragedy, N. Alejandra Arroyave
Preserving The Essence Of Zadvydas V. Davis In The Midst Af A National Tragedy, N. Alejandra Arroyave
University of Miami Law Review
No abstract provided.
Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen
Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen
Washington and Lee Law Review
No abstract provided.
The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel
University of Miami Law Review
No abstract provided.
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
University of Miami Law Review
No abstract provided.
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
Scholarly Articles
None available.
An Extended Presence, Interstate Style: First Notes On A Theme From Saenz, Bernard E. Jacob
An Extended Presence, Interstate Style: First Notes On A Theme From Saenz, Bernard E. Jacob
Hofstra Law Review
No abstract provided.
Minor Rights: The Adolescent Abortion Cases, Martin Guggenheim
Minor Rights: The Adolescent Abortion Cases, Martin Guggenheim
Hofstra Law Review
This article focuses on two Supreme Court decisions (Planned Parenthood v. Danforth and Bellotti v. Baird) in which the Court redefined the entire conception of children's rights. The article suggests that the Supreme Court used a construct of children's constitutional "rights" to restrict the rights of children. By doing so, the Court decisively derailed an incipient children's rights movement that had the potential to liberate children from the dominion of adults. In Danforth, the Court considered for the first time the constitutionality of a state statute that contained a mandatory parental consent provision. The Court struck down that part of …
Procedural Due Process Meets National Security: The Problem Of Classified Evidence In Immigration Proceedings, Matthew R. Hall
Procedural Due Process Meets National Security: The Problem Of Classified Evidence In Immigration Proceedings, Matthew R. Hall
Cornell International Law Journal
No abstract provided.
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Excessive Exercise As Corporal Punishment In Moore V. Willis Independent School District - Has The Fifth Circuit Totally Isolated Itself In Its Position, Kristina Rico
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Do Creatures Of The State Have Constitutional Rights: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael A. Lawrence
Do Creatures Of The State Have Constitutional Rights: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael A. Lawrence
Villanova Law Review
No abstract provided.
Procedural Justice: Tempering The State’S Response To Domestic Violence, Deborah Epstein
Procedural Justice: Tempering The State’S Response To Domestic Violence, Deborah Epstein
Georgetown Law Faculty Publications and Other Works
Part I of this Article documents the recent legal reforms implemented on behalf of battered women in the criminal and civil justice systems. These include warrantless arrest, mandatory arrest laws, and no-drop prosecution policies, as well as civil protection order statutes and statutory modifications recommended by the Model State Code on Domestic and Family Violence. Part II describes the ways in which these reforms have improved the state's responsiveness to victims, yet simultaneously entailed serious costs by diminishing batterers' perceptions of procedural justice. Part III defines the building blocks of procedural justice and reviews the social science data demonstrating its …
In Aid Of Removal: Due Process Limits On Immigration Detention, David Cole
In Aid Of Removal: Due Process Limits On Immigration Detention, David Cole
Georgetown Law Faculty Publications and Other Works
In this Article, I seek to demonstrate the radical consequences that taking due process seriously would have for immigration detention as currently practiced. Part I lays out the general principles that apply to civil preventive detention, which establish that substantive due process is violated without an individualized showing after a fair adversarial hearing that there is something to prevent, namely danger to the community or flight. Part II applies this general framework to immigration detention. It first demonstrates, by a review of Supreme Court decisions, that the Court has applied the same due process principles to immigration detention that it …