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Articles 1 - 10 of 10
Full-Text Articles in Law
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Faculty Scholarship
No abstract provided.
The Forgotten Provision Of The Fourteenth Amendment: Section 2 And The Evolution Of American Democracy, Earl M. Maltz
The Forgotten Provision Of The Fourteenth Amendment: Section 2 And The Evolution Of American Democracy, Earl M. Maltz
Louisiana Law Review
No abstract provided.
Peer Review In Canada: Results From A Promising Experiment, Frederick Zemans, James Stribopoulos
Peer Review In Canada: Results From A Promising Experiment, Frederick Zemans, James Stribopoulos
Frederick H. Zemans
The end point in the access to justice debate often focuses on expanding the availability of legal services for the poor. This article argues that true access to justice requires greater focus on the quality of legal services provided. It tells the story of the introduction of peer review in Canada as a quality assurance tool for evaluating the legal work of a group of criminal lawyers. The article chronicles the various obstacles encountered in making even a very limited form of peer review a reality in Canada, where historically there has been skepticism about the peer review process in …
What Is Access To Justice?, Trevor C. W. Farrow
What Is Access To Justice?, Trevor C. W. Farrow
Trevor C. W. Farrow
Access to justice is the most pressing justice issue today. It has become the major focus of essentially all stakeholders in the legal community—governments, regulators, bar associations, researchers, and educators. It now needs to become an increasing topic of attention for those who use the system: the public. With all of this attention, what does the phrase “access to justice” really mean, particularly from the perspective of the public? In addition to reviewing the access to justice literature and policy initiatives, this article develops a public centered understanding of access to justice. It does so primarily by reporting on a …
Big Data Blacklisting, Margaret Hu
Big Data Blacklisting, Margaret Hu
Faculty Publications
“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data tools, both substantive and procedural due process protections may be threatened in new and nearly invisible ways. Substantive due process rights safeguard fundamental liberty interests. Procedural due process rights prevent arbitrary deprivations by the government of constitutionally protected interests. This Article frames the increasing digital mediation …
The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla
The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla
Rod Smolla
None available.
Politics And Due Process Don't Mix: Should The State Claims Commission Be Abolished, Rodney A. Smolla
Politics And Due Process Don't Mix: Should The State Claims Commission Be Abolished, Rodney A. Smolla
Rod Smolla
Not available.
The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla
The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla
Rod Smolla
Not available.
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
Rod Smolla
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. …
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Donald L. Beschle
No abstract provided.