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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 Oct 2002

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 Sep 2002

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 Jul 2002

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 Jul 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 …