Law Commons^™

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman

Howard M Wasserman

No abstract provided.

Judicial Lobbying, Jonas Anderson

J. Jonas Anderson

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Ronald Brown

No abstract provided.

Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman

Thomas S Glassman

Since the inception of the Dodd-Frank Act the Securities and Exchange Commission has come under fire for its increased use of administrative proceedings in adjudicating the agency’s enforcement actions. That criticism has come to several suits in federal court claiming constitutional challenges to the system generally and most recently, the Administrative Law Judges themselves. Until June of 2015, when Hill v. the SEC took place in federal court, the Government was unbeaten in when arguing against these constitutional challenges. Hill, however found that it was likely the SEC had hired their Administrative Law Judges unconstitutionally. The SEC Administrative Law Judges …

The Public-Private Security Partnership: Counterterrorism Considerations For Employers In A Post-9/11 World, Andrew P. Morriss

Andrew P. Morriss

This Article examines the range of issues employers confront as a result of the federal government's reliance on private sector efforts as part of the war on terror. These include statutes protecting employees' positions while they serve on active duty, private activities by employees related to security concerns (e.g., the Arizona Minutemen, employees carrying concealed weapons), and employee involvement with charities and other organizations labeled as terror-connected. The Article also discusses the role of private security forces hired by employers and policy issues surrounding their cooperation with public security forces.

The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon

Andrea D. Lyon

No abstract provided.

Dapa And The Future Of Immigration Law As Administrative Law, Jill Family

Jill E. Family

The Procedural Fortress Of Us Immigration Law, Jill Family

Jill E. Family

Property As A Fundamental Constitutional Right? The German Example, Gregory Alexander

Gregory S Alexander

No abstract provided.

Ignorance Of The Law: A Maxim Reexamined, Ronald A. Cass

Ronald A. Cass

No abstract provided.

The New Due Process: Rights And Remedies, Doug R. Rendleman

Doug Rendleman

This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.

Analyzing The Debtor's Due Process Interest, Doug Rendleman

Doug Rendleman

No abstract provided.

The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron

Rodger Citron

No abstract provided.

Due Process And The Legitimacy Of Tribal Courts (Chapter), Frank Pommersheim

Frank Pommersheim

No abstract provided.

"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins

Ira P. Robbins

Tax Court Collection Due Process Cases Take Too Long, T. Fogg, Carlton Smith

T. Keith Fogg

This report documents through Tax Court records the time it takes to complete CDP cases versus non-CDP cases and then offers solutions to what the authors perceive as a problem with the system. Because of the nature of CDP cases, the solutions focus on the administrative record preceding litigation. They do not stop with early introduction of the administrative record during the Tax Court proceeding, but also concern summary judgment in situations when the administrative record reveals no factual conflict. Delays in collection hurt the IRS's ability to collect while decreasing the taxpayer's ability to climb out of the financial …

Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver

Marjorie A. Silver

In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decreea The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …

Due Process In Civil Commitments, Alexander Tsesis

Alexander Tsesis

In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof. The statute provided for the postsentencing confinement of anyone proven by “clear and convincing evidence” to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistaken evaluations about patients’ likelihood …

Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda

Ronald D. Rotunda

Does Due Process require a judge to disqualify himself if an individual spent independent funds to buy ads that criticized the judge's opponent in a judicial election? The Supreme Court said yes (5 to 4) in the Caperton decision, and thus has created more uncertainty in the law. Does it matter if the person who paid for the independent ads was not a lawyer or a party but was only an employee of the party? And, does it matter if that employee's financial interest in the law suit (if one were to pierce the corporate veil) is minor – substantially …

Viewpoints: Collection Due Process Hearings Should Be Expedited, T. Keith Fogg, Carlton M. Smith

T. Keith Fogg

In this article, the authors argue that the collection due process hearings have failed in their objective of expediting cases and recommend creating stricter time-frame guidelines for CDP hearings.

"The Public's Right Of Access To 'Some Kind Of Hearing' - Creating Policies That Protect The Right To Observe Agency Hearings", Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

As administrative agencies take on greater responsibilities and increasing caseloads, the tendency may be to shield their operations from the public. This article examines the competing constitutional premises supporting access to agency hearings on one hand, and due process considerations on the other; and provides a model for use by agencies seeking to control public access to agency adjudications.

Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman

John C. Eastman

In July 2003, the Supreme Court of Nevada issued an extraordinary writ of mandate to the Nevada Legislature, directing it to enact a bill raising taxes to support increased education spending, by a simple majority vote rather than the 2/3 vote required by the Nevada Constitution. This article describes the federal court litigation that was filed to challenge that ruling, and explores the merits of the case, both procedurallyl and substantively. Most importantly, the article explores the meaning of the Republican Guaranty Clause of Article IV of the U.S. Constitution, and Justice O'Connor's invitation in New York v. United States …

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins

Ira P. Robbins

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins

Ira P. Robbins