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Articles 1 - 19 of 19

Full-Text Articles in Law

Due Process Review Under The Railway Labor Act, Christopher L. Sagers Nov 1995

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 Oct 1995

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 May 1995

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 Apr 1995

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 Mar 1995

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 Mar 1995

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 Feb 1995

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 …


In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd Jan 1995

In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd

Kentucky Law Journal

No abstract provided.


Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins Jan 1995

Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins

Kentucky Law Journal

No abstract provided.


What's Happening With Respect To The Second Circuit, Hon. George C. Pratt Jan 1995

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 Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn Jan 1995

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 Jan 1995

Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Home Rule Jan 1995

Home Rule

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Takings Clause Jan 1995

Takings Clause

Touro Law Review

No abstract provided.


A Tribute To Jacob D. Fuchsberg, Howard Glickstein Jan 1995

A Tribute To Jacob D. Fuchsberg, Howard Glickstein

Touro Law Review

No abstract provided.


Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih Jan 1995

Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih

Fordham Law Review

No abstract provided.