Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (20)
- Fourteenth Amendment (13)
- Criminal Law (9)
- Civil Procedure (8)
- Criminal Procedure (8)
-
- Courts (7)
- Legal History (7)
- Rule of Law (7)
- State and Local Government Law (7)
- Administrative Law (6)
- Civil Rights and Discrimination (6)
- Jurisdiction (6)
- Law and Society (6)
- Public Law and Legal Theory (6)
- Conflict of Laws (5)
- Human Rights Law (5)
- Judges (5)
- Litigation (5)
- Immigration Law (4)
- Social Welfare Law (4)
- Civil Law (3)
- Comparative and Foreign Law (3)
- Health Law and Policy (3)
- Jurisprudence (3)
- Juvenile Law (3)
- Law Enforcement and Corrections (3)
- Privacy Law (3)
- Supreme Court of the United States (3)
- Antitrust and Trade Regulation (2)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (9)
- Selected Works (5)
- Vanderbilt University Law School (5)
- University of Georgia School of Law (3)
- University of Michigan Law School (3)
-
- Cleveland State University (2)
- Columbia Law School (2)
- University of Pennsylvania Carey Law School (2)
- University of San Diego (2)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Northern Illinois University (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- University of Arkansas, Fayetteville (1)
- University of Cincinnati College of Law (1)
- University of Colorado Law School (1)
- University of Denver (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Touro Law Review (9)
- Scholarly Works (3)
- Vanderbilt Law School Faculty Publications (3)
- All Faculty Scholarship (2)
- Cleveland State Law Review (2)
-
- Faculty Scholarship (2)
- San Diego Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Arkansas Law Review (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Barry Sullivan (1)
- Chicago-Kent Law Review (1)
- Diane C. Geraghty (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Erwin Chemerinsky (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Jill Engle (1)
- Laura Dooley (1)
- Michigan Law Review (1)
- Mitchell Hamline Law Review (1)
- Northern Illinois Law Review Supplement (1)
- Scholarly Articles (1)
- University of Colorado Law Review (1)
- University of Denver Criminal Law Review (1)
- Utah Law Faculty Scholarship (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 31 - 46 of 46
Full-Text Articles in Law
Democratic Policing Before The Due Process Revolution, Sarah Seo
Democratic Policing Before The Due Process Revolution, Sarah Seo
Faculty Scholarship
According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …
Keeping It Off The Record: Student Social Media Monitoring And The Need For Updated Student Records Laws, Alice Haston
Keeping It Off The Record: Student Social Media Monitoring And The Need For Updated Student Records Laws, Alice Haston
Vanderbilt Journal of Entertainment & Technology Law
An increasing number of school districts work with private companies to monitor public social media and to notify administrators of alarming student information. Although these services help address challenging school safety issues, the Family Educational Rights and Privacy Act (FERPA) and state law offer little guidance on how districts should store student social media data. This Note encourages states to pass student records laws similar to recent California legislation and urges the Department of Education to clarify the relationship between student social media and education records under FERPA. New state and federal initiatives would help ensure that third parties may …
(Un)Civil Denaturalization, Cassandra Burke Robertson, Irina D. Manta
(Un)Civil Denaturalization, Cassandra Burke Robertson, Irina D. Manta
Faculty Publications
Over the last fifty years, naturalized citizens in the United States were able to feel a sense of finality and security in their rights. Denaturalization, wielded frequently as a political tool in the McCarthy era, had become exceedingly rare. Indeed, denaturalization was best known as an adjunct to criminal proceedings brought against former Nazis and other war criminals who had entered the country under false pretenses.
Denaturalization is no longer so rare. Naturalized citizens’ sense of security has been fundamentally shaken by policy developments in the last five years. The number of denaturalization cases is growing, and if current trends …
The Rules Of #Metoo, Jessica A. Clarke
The Rules Of #Metoo, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that the law should stop treating the types of work either parent can do—such as purchasing a car seat, finding a pediatrician, or choosing a daycare—as exclusively the domain of the pregnant woman. The project’s primary aim is to undermine legal rules that assume a gendered division of labor in which men are breadwinners and women are caretakers. But Fontana and Schoenbaum argue their project will also have …
Constructing The Original Scope Of Constitutional Rights, Nathan Chapman
Constructing The Original Scope Of Constitutional Rights, Nathan Chapman
Scholarly Works
In this solicited response to Ingrid Wuerth's "The Due Process and Other Constitutional Rights of Foreign Nations," I explain and justify Wuerth's methodology for constructing the original scope of constitutional rights. The original understanding of the Constitution, based on text and historical context, is a universally acknowledged part of constitutional law today. The original scope of constitutional rights — who was entitled to them, where they extended, and so on — is a particularly difficult question that requires a measure of construction based on the entire historical context. Wuerth rightly proceeds one right at a time with a careful consideration …
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
Touro Law Review
No abstract provided.
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Touro Law Review
No abstract provided.
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
Touro Law Review
No abstract provided.
Some Kind Of Hearing Officer, Kent H. Barnett
Some Kind Of Hearing Officer, Kent H. Barnett
Scholarly Works
In his prominent 1975 law-review article, “Some Kind of Hearing,” Second Circuit Judge Henry Friendly explored how courts (and agencies) should respond when the Due Process Clause required, in the Supreme Court’s exceedingly vague words, “some kind of hearing.” That phrase led to the familiar (if unhelpful) Mathews v. Eldridge balancing test, in which courts weigh three factors to determine how much process or formality is due. But the Supreme Court has never applied Mathews to another, often ignored facet of due process—the requirement for impartial adjudicators. As it turns out, Congress and agencies have broad discretion to fashion not …
Procedural Fairness In Antitrust Enforcement: The U.S. Perspective, Christopher S. Yoo, Hendrik M. Wendland
Procedural Fairness In Antitrust Enforcement: The U.S. Perspective, Christopher S. Yoo, Hendrik M. Wendland
All Faculty Scholarship
Due process and fairness in enforcement procedures represent a critical aspect of the rule of law. Allowing greater participation by the parties and making enforcement procedures more transparent serve several functions, including better decisionmaking, greater respect for government, stronger economic growth, promotion of investment, limits corruption and politically motivated actions, regulation of bureaucratic ambition, and greater control of agency staff whose vision do not align with agency leadership or who are using an enforcement matter to advance their careers. That is why such distinguished actors as the International Competition Network (ICN), the Organization for Economic Cooperation and Development (OECD), the …
Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe
Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe
Articles & Chapters
After Jeffrey Epstein committed suicide in jail, two judges allowed his accusers to speak in court. This article argues that the proceedings were inappropriate because the criminal case ends when the defendant dies. If the conviction and appeal are not final, there is no finding of guilt, and the defendant is still presumed innocent. Allowing accusers to speak at this time violates the principle of due process and threatens to undermine faith in judges and the criminal justice system in general. While courts are at times legally required to hear from victims of crimes, they were not allowed to do …
Understanding "Balance" Requirements For Standards-Development Organizations, Jorge L. Contreras
Understanding "Balance" Requirements For Standards-Development Organizations, Jorge L. Contreras
Utah Law Faculty Scholarship
Most technical standards-development organizations (SDOs) have adopted internal policies embodying “due process” criteria such openness, balance of interest, consensus decision making and appeals. Yet these criteria lack a generally-accepted definition and the manner in which they are implemented varies among SDOs. Recently, there has been a renewed interest in the principle that SDOs should ensure a balance of interests among their stakeholders. This article explores the origins and meaning of the balance requirement for SDOs. In doing so, it identifies four “tiers” of balance requirements, ranging from those required of all SDOs under applicable antitrust law, to those required of …
Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish
Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Reforming Service Of Process: An Access-To-Justice Framework, Andrew C. Budzinski
Reforming Service Of Process: An Access-To-Justice Framework, Andrew C. Budzinski
University of Colorado Law Review
Over the past few decades, the number of pro se litigants in state civil courts has risen exponentially-between 75 percent and 90 percent of litigants in family law cases, landlordtenant disputes, and small claims actions did not have a lawyer in 2015. Procedural rules governing those proceedings, however, often impose requirements that disproportionately burden unrepresented litigants, fail to optimally protect the due process rights of those parties, and thereby deny them access to justice. Rules governing service of process illustrate this problem by requiring litigants to find a third party to hand-deliver court papers to a defendant directly or to …
The Present Crisis In American Bail, Kellen R. Funk
The Present Crisis In American Bail, Kellen R. Funk
Faculty Scholarship
More than fifty years after a predicted coming federal courts crisis in bail, district courts have begun granting major systemic injunctions against money bail systems. This Essay surveys the constitutional theories and circuit splits that are forming through these litigations. The major point of controversy is the level of federal court scrutiny triggered by allegedly unconstitutional bail regimes, an inquiry complicated by ambiguous Supreme Court precedents on (1) post-conviction fines, (2) preventive detention at the federal level, and (3) the adequacy of probable cause hearings. The Essay argues that the application of strict scrutiny makes the best sense of these …
Secret Searches: The Sca's Standing Conundrum, Aviv S. Halpern
Secret Searches: The Sca's Standing Conundrum, Aviv S. Halpern
Michigan Law Review
The Stored Communications Act (“SCA”) arms federal law enforcement agencies with the ability to use a special type of warrant to access users’ electronically stored communications. In some circumstances, SCA warrants can require service providers to bundle and produce a user’s electronically stored communications without ever disclosing the existence of the warrant to the individual user until charges are brought. Users that are charged will ultimately receive notice of the search after the fact through their legal proceedings. Users that are never charged, however, may never know that their communications were obtained and searched. This practice effectively makes the provisions …