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Articles 271 - 291 of 291
Full-Text Articles in Fourteenth Amendment
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program, Lauren J. Zimmerman
Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program, Lauren J. Zimmerman
Cardozo Law Review
No abstract provided.
Deconstructing The Bill Of Rights In Administrative Adjudication--Enfranchising Constitutional Principles In The Process, Shiv Narayan Persaud
Deconstructing The Bill Of Rights In Administrative Adjudication--Enfranchising Constitutional Principles In The Process, Shiv Narayan Persaud
Journal Publications
With the increased tendency toward governmental oversight in modern society, Congress deemed it fit to delegate some of its lawmaking authority to the other branches of government. While this action has effectuated the promulgation of regulations and resolution of disputes through adjudicatory proceedings, the area of administrative law continues to be challenging, especially where it poses concerns regarding an individual’s basic rights. This Article will focus discussion on some fundamental issues relating to the administrative process and explore the ramifications on the individual.
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
UIC Law Review
No abstract provided.
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
UIC Law Review
No abstract provided.
Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham
Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham
UIC Law Review
No abstract provided.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Touro Law Review
No abstract provided.
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Publications
No abstract provided.
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Mackey V. Montrym - Due Process Limits On The Use Of Interest Balancing, 13 J. Marshall L. Rev. 441 (1980), Joyce E. Heinzerling
Mackey V. Montrym - Due Process Limits On The Use Of Interest Balancing, 13 J. Marshall L. Rev. 441 (1980), Joyce E. Heinzerling
UIC Law Review
No abstract provided.
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
Publications
No abstract provided.
Expatriation: Afroyim V. Rusk And Its Progeny, Jonathan D. Factor
Expatriation: Afroyim V. Rusk And Its Progeny, Jonathan D. Factor
Buffalo Law Review
No abstract provided.
Recent Developments, James D. Holland
Recent Developments, James D. Holland
Vanderbilt Law Review
The power to parole prisoners derives from the legislative power to define crimes and set penalties for offenses, and has been delegated by Congress and state legislatures to the federal and state parole boards.' Recent litigation of inmates' post-conviction rights in federal and state correctional systems has focused increasingly on the broad discretionary power that parole boards exercise by performing their statutory mandate... The recent development of a flexible concept of due process,' however, has permitted a finer balancing of governmental and individual interests than the prior requirement of a "full panoply" of procedural safeguards, or none at all, and …
Due Process—Administrative Law—Public Assistance: Applicant's Right To A Fair Hearing—Davis V. Toledo Metropolitan Housing Authority, 311 F. Supp. 795 (N.D. Ohio 1970), Anon
Washington Law Review
Plaintiff applied for admission to a low income housing program administered by the Toledo Metropolitan Housing Authority. The Authority's regulation concerning admission to the program provided several standards for determining an applicant's character eligibility. The regulations required that applicants of unqualified character be declared ineligible on the general grounds of "non-desirability." Plaintiff was denied a place on the waiting list for housing program vacancies on those grounds. Her request for the specific facts supporting the Housing Authority's decision was denied, and her appeal for a "fair hearing" to contest the decision was refused. Plaintiff brought suit to enjoin the Housing …
Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review
Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review
Michigan Law Review
On June 22, 1965, the Court of Appeals for the Fifth Circuit entered an order requiring the Jackson, Mississippi, Municipal Separate School District to submit a plan for the total desegregation of the district, and specifically requiring that at least four grades be desegregated in the school year 1965-1966. In reaching its decision, the court gave "great weight" to the standards used by the Office of Education of the United States Department of Health, Education, and Welfare (HEW) to determine whether schools qualify for federal financial assistance. The court reasoned that since the objectives of both the judiciary and the …
Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott
Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott
Michigan Law Review
A substantial number of students at the Alabama State College for Negroes had been participating in peaceful demonstrations protesting racial segregation. The president of the college advised the students to return to their studies which were disrupted by these demonstrations, and personally warned three of the plaintiffs to discontinue their participation in the demonstrations. Nonetheless, further demonstrations ensued in which the plaintiffs took part. The State Board of Education then voted to expel the plaintiffs who were allegedly the leaders of the organization responsible for the demonstrations. The notices of expulsion mailed to the plaintiffs stated no reason for the …
Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review
Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review
Michigan Law Review
A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with …
Administrative Law-Judicial Review-Federal Equity "Powers
Administrative Law-Judicial Review-Federal Equity "Powers
Michigan Law Review
Plaintiff's testator, a resident of New York, died there and at the time of his death owned certain oil paintings on temporary loan to an Art Museum in Pennsylvania, on which the State of Pennsylvania levied an inheritance tax. Plaintiff, executor under a will disposing of the pictures, filed a bill in the Federal District Court for Eastern Pennsylvania to enjoin the defendants, tax officials of Pennsylvania, from attempting to impose or collect the inheritance tax. The bill alleged diversity of citizenship and the requisite jurisdictional amount, and further that the imposition of the tax violated the Fourteenth Amendment, depriving …
Administrative Tribunals -Workmen's Compensation - Scope Of Federal Judicial Review Under Longshoremen's And Harbor Workers' Compensation Act
Michigan Law Review
The recent decision of Crowell v. Benson by the United States Supreme Court throws interesting light on the constitutionality of delegating final fact-finding powers to administrative tribunals. The case arose under the Longshoremen's and Harbor Workers' Compensation Act which gives deputy commissioners full authority to hear and determine all questions in respect to claims for compensation for disability or death resulting from injuries occurring on the navigable waters of the United States/ The act further provides that if the compensation order is "not in accordance with law" it "may be suspended or set aside in whole or in part, through …