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Articles 1 - 13 of 13
Full-Text Articles in Law
Waiver, Certification, And Transfer Of Juveniles To Adult Court: Limiting Juveniles Transfers In Texas., Emily Ray
The Scholar: St. Mary's Law Review on Race and Social Justice
The adult criminal justice system is worse for juveniles who commit crimes. Underlying principles upon which the juvenile justice system was founded remain viable and worthy goals, and Texas law should reflect that understanding. Part II traces the development of juvenile justice in this country, including the evolution of the first American juvenile courts, and summarizes the due process rights afforded to juveniles by the U.S. Supreme Court. In Part III, I argue juvenile transfers to adult court should be limited in Texas with a special emphasis on young peoples' development, decision-making and reasoning abilities, and insights scientific research provides …
Roche V. Worldwide Media, Inc.: Evaluating Where Minimum Contacts Meets Cyberspace, Ryan Thomas
Roche V. Worldwide Media, Inc.: Evaluating Where Minimum Contacts Meets Cyberspace, Ryan Thomas
Golden Gate University Law Review
In Roche v. Worldwide Media, Inc., the United States District Court for the Eastern District of Virginia discussed the issue of personal jurisdiction in the context of cyberspace. The court determined that Worldwide Media's web site was passive and that asserting personal jurisdiction based solely on the maintenance of a web site, without more, would violate the Due Process clause of the Fourteenth Amendment. The Roche decision reaffirmed the Eastern District of Virginia's position on personal jurisdiction in the context of cyberspace. Specifically, this decision applies the logic of the "sliding scale" test borrowed from the United States District Court …
Criminal Procedure - United States V. Nordby, Adriano Hrvatin
Criminal Procedure - United States V. Nordby, Adriano Hrvatin
Golden Gate University Law Review
The Nordby court held that a finding of drug quantity under 21 U.S.C. § 841(b) by the district court at sentencing pursuant to a preponderance of the evidence violated the Due Process Clause of the Fifth Amendment and the notice and jury-trial guarantees of the Sixth Amendment when drug quantity was used to increase the prescribed statutory maximum penalty. In requiring that drug quantity be submitted to the jury and proved beyond a reasonable doubt, the Ninth Circuit overruled nearly fifteen years of its own precedent.
Expanding The Jurisdictional Reach For Intentional Torts: Implications For Cyber Contacts, Christopher Allen Kroblin
Expanding The Jurisdictional Reach For Intentional Torts: Implications For Cyber Contacts, Christopher Allen Kroblin
Golden Gate University Law Review
Originally, the foundation of jurisdictional jurisprudence in the United States rested on the premise that no state could exercise jurisdiction over a person outside its territorial borders. With the advent of modern industrial society, solely territorial based notions of sovereignty and jurisdiction became strained and unworkable. The concept that a state has control over everything within its borders and nothing beyond began to erode. As a result, during the twentieth century, the courts began to shift their focus from a territorial concept of jurisdiction to a notice-based concept. State courts exercised jurisdictional powers beyond their geographical territory so long as …
Robinson At Large In The Fifty States: A Continuation Of The State Bills Of Rights Debate In The Search And Seizure Context, Perry A. Schaffer, Richard D. Harmon, Terry J. Helbush
Robinson At Large In The Fifty States: A Continuation Of The State Bills Of Rights Debate In The Search And Seizure Context, Perry A. Schaffer, Richard D. Harmon, Terry J. Helbush
Golden Gate University Law Review
No abstract provided.
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
University of Arkansas at Little Rock Law Review
No abstract provided.
Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago
Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago
Pace Law Review
No abstract provided.
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Bringing It All Back Home: Establishing A Coherent Constitutional Framework For The Re-Regulation Of Homeschooling, Timothy B. Waddell
Bringing It All Back Home: Establishing A Coherent Constitutional Framework For The Re-Regulation Of Homeschooling, Timothy B. Waddell
Vanderbilt Law Review
Bobby and Esther Riddle, the Supreme Court of West Virginia conceded, "did an excellent job" teaching their children, Jill and Tim- possibly better than the public schools could do."' Like many fundamentalist parents, the Riddles believed the Bible required them personally to teach their children, protect them from heresy and worldly influence, and resist government intrusions that could imperil their eternal salvation. Moreover, they believed they had constitutional rights to do so. Jill and Tim Riddle studied the same subjects as public schoolchildren, but their studies were interwoven with religious lessons based upon their parents' idiosyncratic view of Christian doctrine. …
Gender Autonomy, Transgender Identity And Substantive Due Process: Finding A Rational Basis For Lawrence V. Texas, Jillian T. Weiss
Gender Autonomy, Transgender Identity And Substantive Due Process: Finding A Rational Basis For Lawrence V. Texas, Jillian T. Weiss
Journal of Race, Gender, and Ethnicity
No abstract provided.
Sixteen Years Of Litigation Under The Arkansas Civil Rights Act: Where We Have Been And Where We Are Going, Michael Mosley, Robert Beard, Paul Charton
Sixteen Years Of Litigation Under The Arkansas Civil Rights Act: Where We Have Been And Where We Are Going, Michael Mosley, Robert Beard, Paul Charton
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Contours For The Design And Implementation Of Multistate Renewable Energy Programs And Projects, Robin Kundis Craig
Constitutional Contours For The Design And Implementation Of Multistate Renewable Energy Programs And Projects, Robin Kundis Craig
University of Colorado Law Review
States are increasingly considering multistate efforts to promote the production, sale, and use of renewable energy. For example, in August 2009, policymakers and stakeholders gathered to consider joint renewable energy (specifically, wind energy) transmission projects among Colorado, New Mexico, Utah, and Wyoming. This Article explores a number of constitutional issues that multistate efforts to encourage, market, transmit, or distribute renewable energy could raise. It reflects the reality that for energy, as for many other issues, multistate creativity in establishing new governance regimes or in implementing interstate projects often creates constitutional ambiguities. Many of these ambiguities center on the constitutional status-private …
The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody
The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody
NYLS Law Review
No abstract provided.