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Duke Law

Law and Contemporary Problems

Due process of law

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Full-Text Articles in Law

Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell Apr 2010

Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell

Law and Contemporary Problems

No abstract provided.


The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky Oct 2009

The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky

Law and Contemporary Problems

No abstract provided.


In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill Jan 2009

In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill

Law and Contemporary Problems

At the turn of the nineteenth century, the US Supreme Court established and reinforced numerous so-called "economic rights." During the Lochner v. New York era, the Court invalidated almost 200 federal and state economic and labor regulations for interfering with the right to contract and for violating substantive due process. In 1937, however, Justice Stone's famous "footnote four" in United States v. Carolene Products Co. closed the coffin on Lochner. After Carolene Products, the Court stopped applying heightened scrutiny to economic legislation, and it began consciously protecting "discrete and insular minorities." Here, Dodrill explains the Lochner-era Supreme Court's standard of …


Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman Jan 1995

Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman

Law and Contemporary Problems

Spangenberg and Beeman describe the structure and funding of the systems of delivery of legal services to indigent criminal defendents in use at the state level, including assigned counsel, contract attorneys and public defenders.


Rule Of Law And Due Process: A Comparative View Of The United States And Japan, Noriho Urabe Jan 1990

Rule Of Law And Due Process: A Comparative View Of The United States And Japan, Noriho Urabe

Law and Contemporary Problems

No abstract provided.