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Articles 1 - 5 of 5
Full-Text Articles in Law
Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry
Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry
Missouri Law Review
This Note reviews the legal landscape of Fourteenth Amendment substantive due process theory promulgated by the Supreme Court and discusses the importance of the landmark decision in DeShaney v. Winnebago County Department of Social Services in that context. Next, this Note discusses the treatment of DeShaney by the circuit courts, focusing on two exceptions to DeShaney’s analysis that have been carved out by many courts. This Note then reviews the decision in McMullen, and argues that the court of appeals improperly applied DeShaney to the facts in McMullen and that, in any event, DeShaney is an unfortunate extension of an …
Board Of Trustees Of The University Of Alabama V. Garrett: A Flawed Standard Yields A Predictable Result, Mark A. Johnson
Board Of Trustees Of The University Of Alabama V. Garrett: A Flawed Standard Yields A Predictable Result, Mark A. Johnson
Maryland Law Review
No abstract provided.
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
Scholarly Works
No abstract provided.
Congressional Power To Require Dna Testing, Larry Yackle
Congressional Power To Require Dna Testing, Larry Yackle
Faculty Scholarship
Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy's idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.