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Articles 1 - 8 of 8
Full-Text Articles in Law
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Missouri Law Review
The first part of this article analyzes the preliminary hearing as a working institution. The second part sets out and evaluates current proposals and prospects for improving the hearing through reform. In the third part a set of alternative procedures is proposed which might function better than a judicial hearing with multiple functions, and comparisons are made with present and proposed hearing procedures. Throughout the article it will be assumed that any proposal for reform should fairly and effectively protect the interests of the accused while respecting the needs of law enforcement. In addition, any proposal for reform should take …
The Supreme Court And Fundamental Rights--A Problem Of Judicial Method, James H. Wildman
The Supreme Court And Fundamental Rights--A Problem Of Judicial Method, James H. Wildman
Vanderbilt Law Review
Since the Constitution is a plan of written but flexible basic rights, interpreted and applied by a judiciary with few limitations upon its powers, it is necessary to avoid conferring carte blanche discretion upon the Court. This Note adopts the premises that we may be arriving at an era when "liberty" will demand constitutional protection of human interests other than those explicitly embodied within the text of the Bill of Rights; that judicial identification of those interests is often the most effective method for granting this protection; and that the function of constitutional due process is to preserve the relevancy …
Attachment And Garnishment--Constitutional Law--Due Process Of Law--Garnishment Of Wages Prior To Judgment Is A Denial Of Due Process: The Sniadach Case And Its Implications For Related Areas Of The Law, Michigan Law Review
Michigan Law Review
The question of the constitutionality of prejudgment wage garnishment had never before reached the Supreme Court, although in McKay v. Mclnnes, a 1929 memorandum decision, the Court had upheld a statute providing for prejudgment attachment. McKay, which was cited as controlling by the Wisconsin court in its disposition of the constitutional argument in Sniadach, involved an attachment of realty and stock to satisfy a debt. Justice Douglas, writing for the Court in Sniadach, distinguished that case from one involving wage garnishment with the statement that "[a] procedural rule that may satisfy due process for attachments in general ... …
The Effect Of Public Opprobrium On Investigative Due Process, Robert O. Conoley
The Effect Of Public Opprobrium On Investigative Due Process, Robert O. Conoley
South Carolina Law Review
No abstract provided.
Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil
Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Cleveland State Law Review
Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …
Constitutional Law--The Right To A Jury Trial In Disbarment Proceedings, Michigan Law Review
Constitutional Law--The Right To A Jury Trial In Disbarment Proceedings, Michigan Law Review
Michigan Law Review
Lawyers in the United States have long been considered officers of the court, subject to examination for good moral character and adequate education in law before admission to the bar. They have also been subject to summary proceedings for disbarment whenever they have deviated from accepted standards of conduct embodied in various codes of professional ethics. Although the specific grounds for disbarment vary from state to state and between federal and state courts, one thing is clear: in the absence of a specific statutory provision there traditionally has been no right to a jury trial in disbarment proceedings. Since the …
Criminal Law--Abortion--Man, Being Without A Legal Beginning, William T. Robinson Iii
Criminal Law--Abortion--Man, Being Without A Legal Beginning, William T. Robinson Iii
Kentucky Law Journal
No abstract provided.