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Articles 1 - 15 of 15
Full-Text Articles in Law
Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell
Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell
Duke Law Journal
No abstract provided.
When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan
When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan
Duke Law Journal
No abstract provided.
Red Flagging Civil Liberties And Due Process Rights Of Airline Passengers: Will A Redesigned Capps Ii System Meet The Constitutional Challenge?, Leigh A. Kite
Washington and Lee Law Review
No abstract provided.
Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance
Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance
Washington and Lee Law Review
No abstract provided.
Judicial Discretion In Dispensing With The Service Of Process Requirement In Hong Kong Under Order 45, Rule 7(7), Simon Teng
Maryland Series in Contemporary Asian Studies
No abstract provided.
Terrorism On Trial: The Trials Of Al Qaeda, Andrew C. Mccarthy
Terrorism On Trial: The Trials Of Al Qaeda, Andrew C. Mccarthy
Case Western Reserve Journal of International Law
No abstract provided.
Aliens, The Internet, And "Purposeful Availment": A Reassessment Of Fifth Amendment Limits On Personal Jurisdiction, Wendy Collins Perdue
Aliens, The Internet, And "Purposeful Availment": A Reassessment Of Fifth Amendment Limits On Personal Jurisdiction, Wendy Collins Perdue
Georgetown Law Faculty Publications and Other Works
This Article first considers the Fourteenth Amendment cases and argues that the constitutional limits on the jurisdictional authority of state courts reflect a view about the limits of state authority. It then turns to the Fifth Amendment and, after considering the practices of other nations and lessons from prescriptive jurisdiction, argues that the United States's sovereign authority should allow it to assert personal jurisdiction solely on the basis of effects in the United States, without a requirement of "purposeful availment." It further argues that concerns about reasonableness should be addressed at the subconstitutional level. This Article is built on two …
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Hofstra Law Review
Over the years, a pattern has emerged where judges routinely engage in practices that violate the constitutional rights of the defendants who come before them, and which run counter to the ethical conduct that we have a right to expect and demand from those empowered to engage in critical decisions concerning the liberty of our citizens. The Supreme Court, when it held that plea bargaining between a prosecutor and defense counsel did not violate the defendant's constitutional rights, offered a caveat: "Of course, the agents of the State may not produce a plea by actual or threatened physical harm or …
Defense-Oriented Judges, Abbe Smith
Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend
Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend
West Virginia Law Review
No abstract provided.
When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker
West Virginia Law Review
No abstract provided.
Local Governments That Purposely Delay Land Use Projects, What Law Applies - An Analysis Of United Artists Theatre Circuit, Inc. V. Township Of Warrington And The Substantive Due Process Tests As Applied By The Third Circuit, Shari K. Gekoski
Villanova Law Review
No abstract provided.
On Military Commissions, Scott L. Silliman
On Military Commissions, Scott L. Silliman
Case Western Reserve Journal of International Law
No abstract provided.
Leaving Wonderland: Distinguishing Terrorism From Other Types Of Crime, Jonathan Leiken
Leaving Wonderland: Distinguishing Terrorism From Other Types Of Crime, Jonathan Leiken
Case Western Reserve Journal of International Law
No abstract provided.
Living With Lawrence, Nan D. Hunter
Living With Lawrence, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
This Article will proceed in three steps. First, I will examine the Court's treatment of liberty. I see Lawrence as marking the emergence of a new approach to substantive due process analysis, one that has been simmering in the concurring opinions of Justices Souter, Stevens, and Kennedy for the last decade. These three Justices apparently now have a majority for extending meaningful constitutional protection to liberty interests without denominating them as fundamental rights. They also appear to be jettisoning, at least prospectively, a special category for privacy rights. Second, I will turn my attention to the ramifications of Lawrence's equality …