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Full-Text Articles in Law

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann Nov 1990

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …


Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss Jan 1990

Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss

Kentucky Law Journal

No abstract provided.


The Supreme Court In Transition: Assessing The Legitimacy Of The- Leading Legal Institution, Christopher E. Smith Jan 1990

The Supreme Court In Transition: Assessing The Legitimacy Of The- Leading Legal Institution, Christopher E. Smith

Kentucky Law Journal

No abstract provided.