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Full-Text Articles in Law
Recent Developments, James D. Holland
Recent Developments, James D. Holland
Vanderbilt Law Review
The power to parole prisoners derives from the legislative power to define crimes and set penalties for offenses, and has been delegated by Congress and state legislatures to the federal and state parole boards.' Recent litigation of inmates' post-conviction rights in federal and state correctional systems has focused increasingly on the broad discretionary power that parole boards exercise by performing their statutory mandate... The recent development of a flexible concept of due process,' however, has permitted a finer balancing of governmental and individual interests than the prior requirement of a "full panoply" of procedural safeguards, or none at all, and …
The Less Restrictive Alternative In Constitutional Adjudication: An Analysis, A Justification, And Some Criteria, Robert M. Bastress, Jr.
The Less Restrictive Alternative In Constitutional Adjudication: An Analysis, A Justification, And Some Criteria, Robert M. Bastress, Jr.
Vanderbilt Law Review
The past two decades have witnessed enormous changes in both substantive constitutional law and the courts' approach to constitutional questions. The frequent application of the doctrine of less restrictive alternatives has been a factor of increasingly significant proportions in effecting these changes. Although the doctrine has long been part of our jurisprudence,' it did not begin to have a serious impact until the Warren Court years, and, despite its widely diversified use today, the concept is almost always applied without discussion. Succinctly and broadly stated, the doctrine requires that a state not employ a specific means to accomplish an admittedly …
Gagnon V. Scarpelli, 411 U.S. 778 (1973), Florida State University Law Review
Gagnon V. Scarpelli, 411 U.S. 778 (1973), Florida State University Law Review
Florida State University Law Review
Constitutional Law-DUE PROCESS-REVOCATION OF PROBATION WITHOUT PRIOR HEARING VIOLATES PROBATIONER'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS; NEED FOR APPOINTED COUNSEL AT REVOCATION HEARING TO BE DETERMINED ON CASE-BY-CASE BASIS.
The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq
The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq
Vanderbilt Law Review
Recent events suggest that the creationist movement is both potent and truly national. in scope. In California, the science curriculum guidelines for public schools were modified by a sympathetic state board of education to accommodate the creationist position.' Science textbooks for use in the public schools of California are being edited to dilute passages on evolution, and creationists almost achieved express recognition of their beliefs in the science texts. In Tennessee, a law has been passed that requires inclusion of the Biblical account of creation in biology textbooks used in the public schools." Similar legislation to require treatment of creationist …
The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review
The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review
Michigan Law Review
In Vlandis v. Kline and United States Department of Agriculture v. Murry, decided during its past term, the Supreme Court invoked the conclusive presumption doctrine to invalidate statutory provisions, that restricted access to certain state and federal government benefits. This term, in Cleveland Board of Education v. LaFleur, the Court used the same rationale to strike down school board rules requiring teachers to take maternity leaves without pay. The essence of the doctrine is as follows: When a statutory provision imposes a burden upon a class of individuals for a particular purpose and certain individuals within the burdened class …
Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano
Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano
Michigan Law Review
Even recognizing the danger of misidentification, procedural safeguards, especially constitutional ones, are not readily apparent. Some judges, such as Justice Stewart, find less need for counsel at photographic displays than at lineups; others find an equivalent or even greater need for counsel. Some judges, in approving on-the-scene identifications without counsel, find a guarantee of accuracy in the short interval between the crime and the identification; other judges decry such procedures and find them inherently suggestive. The problem stems directly from the lack of scientific knowledge and inquiry. Therefore, in analyzing the recent identification cases, this Article will draw upon experimental …
Frontiero V. Richardson, 411 U.S. 677 (1973), Florida State University Law Review
Frontiero V. Richardson, 411 U.S. 677 (1973), Florida State University Law Review
Florida State University Law Review
Constitutional Law- DUE PROCESS- FEDERAL LAW CONCLUSIVELY PRESUMING SPOUSE OF SERVICEMAN TO BE HIS DEPENDENT WHILE REBUTTABLY PRESUMING SPOUSE OF SERVICEWOMAN NOT TO BE HER DEPENDENT VIOLATES DUE PROCESS GUARANTEE OF FIFTH AMENDMENT.
Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase
Fordham Urban Law Journal
In June 1971, the chairman of the New Rochelle Housing Authority notified all tenants of a new $2.00 per room per month service charge and tenants instituted an action under section 1983 of the Civil Rights Act. The tenants asked the court to declare the charge invalid and enjoin the increase unless the tenants were first accorded a hearing. The US District Court for SDNY granted tenants summary judgment holding they had a due process right to notice and a hearing. The Court of Appeals for the Second Circuit modified this holding they had certain due process rights, their rights …
Bilingual Notice--The Rights Of Non-English Speaking Welfare Recipients, Judith R. Macdonald
Bilingual Notice--The Rights Of Non-English Speaking Welfare Recipients, Judith R. Macdonald
Fordham Law Review
No abstract provided.
Toward A Probable Cause Standard In Sentencing: Nickens V. State
Toward A Probable Cause Standard In Sentencing: Nickens V. State
Maryland Law Review
No abstract provided.
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
Cleveland State Law Review
On May 14, 1973, the worst fear of at least one commentator was borne out by the opinion of the Supreme Court in Gagnon v. Scarpelli. Justice Powell, writing for the Court, recognized certain due process rights of the individual who has been convicted and placed on probation. The Court refused to adopt a per se right to representation by counsel as an element of due process in probation revocation proceedings, however. The opinion has left the meaning and importance of due process in grave doubt, has retarded the progression of penal-correctional reform, and has insured a heavy docket for …
Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures
Fordham Urban Law Journal
Civil rights action was brought on behalf of residents at Willowbrook State Hospital by their parents and guardians attacking the conditions and treatment offered violated due process and equal protection. The court refused to extend a right to treatment to patients civilly committed to state hospitals - forestalling an extension of such rights to the retarded. Plaintiffs sought to classify the vast majority of commitments as involuntary despite original admission data mandating due process protection. The court determined that a hearing with procedural safeguards would suffice and in certain situations the court may find the appointment of a guardian at …
Fuentes V. Shevin: The Application Of Constitutional Due Process To The Garageman's Lien In Kentucky, Roger L. Crittenden
Fuentes V. Shevin: The Application Of Constitutional Due Process To The Garageman's Lien In Kentucky, Roger L. Crittenden
Kentucky Law Journal
No abstract provided.
Relief For The Civilly Committed: A Constitutional Right To Treatment, Gary L. Stage
Relief For The Civilly Committed: A Constitutional Right To Treatment, Gary L. Stage
Kentucky Law Journal
No abstract provided.
Due Process And The Development Of "Criminal" Safeguards In Civil Commitment Adjudications, Howard R. Hawinkins, Jr., Paul O. Sullivan
Due Process And The Development Of "Criminal" Safeguards In Civil Commitment Adjudications, Howard R. Hawinkins, Jr., Paul O. Sullivan
Fordham Law Review
No abstract provided.
The Right To Travel Abroad, Raymond C. James
The Evolving Right Of Due Process At Prison Disciplinary Hearings, Stuart M. Bernstein
The Evolving Right Of Due Process At Prison Disciplinary Hearings, Stuart M. Bernstein
Fordham Law Review
No abstract provided.