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Articles 1 - 26 of 26
Full-Text Articles in Law
Due Process Review Under The Railway Labor Act, Christopher L. Sagers
Due Process Review Under The Railway Labor Act, Christopher L. Sagers
Michigan Law Review
This Note contends that the RLA prohibits due process review and further argues that such a result is constitutional. Part I examines the statutory language of the RLA itself and contends that it limits district court review to the three statutory grounds. Part II argues that the Supreme Court's opinion in Sheehan reaffirms this interpretation because the Court's language unmistakably conveys an intent to bar due process review. Part III explains that such a limitation does not violate the Constitution. The only constitutional provision that could be implicated in an RLA proceeding, the right of procedural due process, is protected …
Health Hospitalization For Tuberculosis: Ensure Due Process For Persons Involuntarily Hospitalized, David M. Bessho
Health Hospitalization For Tuberculosis: Ensure Due Process For Persons Involuntarily Hospitalized, David M. Bessho
Georgia State University Law Review
The Act revises procedures for the involuntary commitment of persons with tuberculosis. Such persons must be provided a full and fair hearing in which the state must prove by clear and convincing evidence that the patient presents a substantial risk of exposing others to an imminent danger of infection. Such persons have the right to counsel, and counsel must be appointed for those unable to afford legal representation. Confinement for more than six months requires a showing that the patient still has contagious tuberculosis or that the patient is likely not to comply with treatment.
History's Stories, Stephan Landsman
History's Stories, Stephan Landsman
Michigan Law Review
A Review of Stories of Scottsboro by James Goodman
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Due Process Implications Of Telephone Hearings: The Case For An Individual Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer
Due Process Implications Of Telephone Hearings: The Case For An Individual Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Worker Profiling And Due Process, P. Maureen Bock-Dill
Worker Profiling And Due Process, P. Maureen Bock-Dill
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney
Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney
San Diego Law Review
This Article questions whether parents have a right to corporally punish their children, and if they do, how this right should be defined. The author argues that parents should not receive the heightened constitutional protection conferred by a fundamental right. She argues that the political process already adequately protects the interests of parents in disciplining their children. To the extent that the political process chooses to permit parents to administer reasonable corporal punishment, this Article proposes a five-part test that courts can use to determine whether an act of corporal punishment fits within that reasonableness standard. This test is more …
Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins
Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins
Kentucky Law Journal
No abstract provided.
Waiver Of The Right To Appeal, Robert K. Calhoun
Waiver Of The Right To Appeal, Robert K. Calhoun
Publications
This Article explores the legal and constitutional issues raised by appeal waivers. Section I analyzes the current state of the case law. Section II explores the due process challenge to appeal waivers, and concludes that such a challenge would be difficult to sustain given the current state of due process law. It, nonetheless, goes on to suggest that a key premise of due process theory as it relates to plea bargaining- the presumed equality of bargaining power between the prosecution and the defense-may be ripe for challenge. Section ill discusses the public policy arguments for and against appeal waivers, and …
Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau
Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau
Journal Articles
Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules.
Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream.
In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily because of the …
Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn
Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn
Touro Law Review
No abstract provided.
Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz
Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz
Touro Law Review
No abstract provided.
Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih
Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih
Fordham Law Review
No abstract provided.
Avoiding Error In Closing Argument, H. Patrick Furman
Avoiding Error In Closing Argument, H. Patrick Furman
Publications
No abstract provided.
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
Touro Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
A Tribute To Jacob D. Fuchsberg, Howard Glickstein
A Tribute To Jacob D. Fuchsberg, Howard Glickstein
Touro Law Review
No abstract provided.
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
Articles
On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …
Due Process Review Under The Railway Labor Act, Chris Sagers
Due Process Review Under The Railway Labor Act, Chris Sagers
Law Faculty Articles and Essays
The federal government regulates disputes between organized labor and management in a wide range of private industries. Most disputes are governed by the Labor-Management Relations Act (LMRA), which both protects the rights of management and organized labor and establishes a comprehensive scheme of dispute resolution. The Railway Labor Act (RLA), however, creates a regime unique to the railroad and airline industries. It requires that certain claims between the covered employers -- known in the RLA as “carriers” -- and their employees be settled by submission to the RLA statutory arbitration scheme. Under this scheme, parties must resolve disputes “in the …
In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd
In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd
Kentucky Law Journal
No abstract provided.
Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar
Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar
Articles
Professor Robert Sedler is a leading constitutional law professor and a well-known civil liberties lawyer. I think he is right about many things. To cite but one example, I think he was right when he led the ACLU's successful legal attack on certain University of Michigan restrictions on "hate speech."' But I cannot agree with him about physician-assisted suicide, no matter how narrowly he frames the issue.2
Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney
Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.