Law Commons^™

How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose

Henry Rose

No abstract provided.

The Public Trust Doctrine: Does It Provide The Public With Access To The Beaches Of Lake Michigan In Illinois? , Henry Rose

Henry Rose

No abstract provided.

How Federal Tax Expenditures That Support Housing Contribute To Economic Inequality, Henry Rose

Henry Rose

No abstract provided.

The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose

Henry Rose

No abstract provided.

The Public Trust Doctrine: Does It Provide The Public With Access To The Beaches Of Lake Michigan In Illinois?, Henry Rose

Henry Rose

No abstract provided.

The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases., Henry Rose

Henry Rose

No abstract provided.

The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose

Henry Rose

The Constitutionality of Government Fees as Applied to the Poor

Abstract

The United States Supreme Court has considered on many occasions the constitutionality of government fees that indigent persons were unable to pay. As a result of their inability to pay, these indigent persons were initially denied access to legal process, (in both the civil and criminal context), access to electoral processes and access to general government services. The most recent decision of the Supreme Court involving this issue, M.L.B. v. S.L.J., 519 U.S. 102 (1996), has resulted in a lack of clarity as to the constitutional principles that the …

The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases, Henry Rose

Henry Rose

The Due Process Rights of Residential Tenants in Mortgage Foreclosure Cases

(Abstract)

A group who have been hard hit by the recent mortgage foreclosure crisis in the United States are residential tenants. It is estimated that forty percent of the households who have been displaced by mortgage foreclosures are tenants.

Some tenants have been evicted from their homes without notice pursuant to foreclosures of the mortgages on the buildings where they reside. In states which require judicial supervision of mortgage foreclosures, it likely violates basic principles of procedural Due Process for tenants to be evicted without notice. In states that …

The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose

Henry Rose

(Abstract) The Poor as a Suspect Class Under the Equal Protection Clause: An Open Constitutional Question Both judges and legal scholars assert that the United States Supreme Court has held that the poor are neither a quasi-suspect nor a suspect class under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. They further assert that this issue was decided by the Supreme Court in San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973). It is the thesis of this article that the Supreme Court has not yet decided whether the poor are a quasi-suspect …

Class Actions And The Poor, Henry Rose

Henry Rose

“Class Actions and the Poor” (Abstract)

Attorneys funded by the national Legal Services Corporation (LSC) provide free legal representation to the poor in civil matters. In 1996, a federal law was enacted that prohibited LSC-funded attorneys from representing their clients in class actions.

This article examines the policy justifications for barring LSC-funded attorneys from being involved in class actions. These justifications included: directing the resources of LSC to the legal problems of individuals rather than the poor as a group; and preventing the use of federal dollars from supporting political or social change. The article demonstrates that these are not …