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Articles 1 - 30 of 30

Full-Text Articles in Law

The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott Oct 2013

The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott

University of Miami Inter-American Law Review

No abstract provided.


Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison Sep 2013

Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison

Brian C. Murchison

None available.


California Garageman's Liens: Procedural Due Process Restored, Len Carafa May 2013

California Garageman's Liens: Procedural Due Process Restored, Len Carafa

Pepperdine Law Review

No abstract provided.


Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman May 2013

Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman

Pepperdine Law Review

No abstract provided.


Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch May 2013

Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch

Pepperdine Law Review

No abstract provided.


The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz May 2013

The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz

Pepperdine Law Review

No abstract provided.


In Re Lisa R. 13 Cal. 3d 336, 532 P.2d 123, 119 Cal. Rptr. 475 (1975), Elliot Shelton May 2013

In Re Lisa R. 13 Cal. 3d 336, 532 P.2d 123, 119 Cal. Rptr. 475 (1975), Elliot Shelton

Pepperdine Law Review

No abstract provided.


The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr May 2013

The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr

Pepperdine Law Review

No abstract provided.


Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane May 2013

Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane

Pepperdine Law Review

No abstract provided.


From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello May 2013

From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello

Pepperdine Law Review

No abstract provided.


Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin May 2013

Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin

Pepperdine Law Review

No abstract provided.


Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder May 2013

Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder

Pepperdine Law Review

No abstract provided.


The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke May 2013

The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ford V. Shalala: Applying Mathews V. Eldridge To Ssi Benefits, Daniel T. Vaughan Apr 2013

Ford V. Shalala: Applying Mathews V. Eldridge To Ssi Benefits, Daniel T. Vaughan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Suspensions And Due Process Under Venezuela's New Democratic Model , Brenda Brown Perez Apr 2013

Judicial Suspensions And Due Process Under Venezuela's New Democratic Model , Brenda Brown Perez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez Apr 2013

Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Connecticut Department Of Public Safety V. Doe: The Supreme Court's Clarification Of Whether Sex Offender Registration And Notification Laws Violate Convicted Sex Offenders' Right To Procedural Due Process, Gabriel Baldwin Apr 2013

Connecticut Department Of Public Safety V. Doe: The Supreme Court's Clarification Of Whether Sex Offender Registration And Notification Laws Violate Convicted Sex Offenders' Right To Procedural Due Process, Gabriel Baldwin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan Apr 2013

Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope Apr 2013

Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki Apr 2013

Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo Apr 2013

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian Apr 2013

"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon Mar 2013

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington Feb 2013

The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington

Pepperdine Law Review

No abstract provided.


Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr. Jan 2013

Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr.

Pepperdine Law Review

No abstract provided.


The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk Jan 2013

The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk

Oklahoma Law Review

No abstract provided.


The Questionable Constitutionality Of Mechanical Restraints In The Classroom: A Critique Of The Tenth Circuit's Decision In Ebonie S. V. Pueblo School District No. 60, Ifeanyi Ezeigbo Jan 2013

The Questionable Constitutionality Of Mechanical Restraints In The Classroom: A Critique Of The Tenth Circuit's Decision In Ebonie S. V. Pueblo School District No. 60, Ifeanyi Ezeigbo

American University Journal of Gender, Social Policy & the Law

No abstract provided.


No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman Jan 2013

No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman

University of Colorado Law Review

Wells that pump water from underground aquifers deplete water flowing in nearby rivers and streams. Colorado farmers in certain parts of the state use wells to pump large quantities of underground water for irrigation. However, other users who had pre-existing surface-water rights on nearby streams have complained that these wells drain the river and injure their prior vested water rights. Normally, surface water users with prior rights can require more junior users to stop appropriating until the senior user has diverted her full right. However, Colorado presumes that wells in certain districts-called designated basins-do not injure nearby surface streams. Still, …


Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck Jan 2013

Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck

University of Colorado Law Review

The Sixth Amendment to the United States Constitution guarantees a criminal defendant both the right to the assistance of counsel and the right of self-representation. The right of self-representation is deeply ingrained in the Anglo- American system of justice, but so is the requirement that a criminal defendant be tried only if competent to stand trial. In Indiana v. Edwards, the Supreme Court recognized a "gray area" of competency, noting that competency to stand trial with the assistance of counsel may not equate to competency to proceed pro se. In Edwards, the Court held that a trial court retains the …


State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary Jan 2013

State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary

University of Colorado Law Review

Eyewitness identification testimony is notoriously unreliable and has significantly contributed to wrongful convictions. Most courts use the standard set forth by the Supreme Court in Manson v. Brathwaite to assess whether eyewitness identifications are sufficiently reliable to present to the jury. But in the thirty-five years since Manson, an extensive body of research has amassed that calls into question the continuing validity of that standard. Researchers have identified numerous system variables (procedural elements subject to official control) and estimator variables (factors related to the witness, perpetrator, and event) that affect the accuracy of eyewitness identifications. The Manson standard fails to …