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Due Process

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Institution
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Articles 91 - 102 of 102

Full-Text Articles in Fourteenth Amendment

In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird Jan 1979

In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird

Scholarly Works

A distinguished constitutional scholar recently pointed out that "many of the important decisions of the Supreme Court of the United States are not based on law in the popular sense of that term." It is true, he noted, that "the court endeavors to identify Constitutional clauses upon which to hang its pronouncements." "[S]ome key words and phrases in the Constitution," however, "are so highly indeterminate that they cannot really qualify as law in any usual sense." Rather, he said, "they are semantic blanks--verbal vacuums that may be filled readily with any one of many possible meanings." Thus, it is not …


Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr. Jan 1979

Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.

Cardozo Law Review

No abstract provided.


Bell V. Wolfish, Lewis F. Powell, Jr. Oct 1978

Bell V. Wolfish, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr Oct 1975

Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Mullaney V. Wilbur, Lewis F. Powell Jr. Oct 1974

Mullaney V. Wilbur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Goss V. Lopez, Lewis F. Powell, Jr. Oct 1974

Goss V. Lopez, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Wood V. Strickland, Lewis F. Powell Jr. Oct 1974

Wood V. Strickland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne Apr 1965

Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne

Faculty Publications

In an endorsement of Justice Black’s dissent in Bell v. Maryland, this work argues in favors of Black’s interpretation of the state action requirement and attempts to make sense of Black’s understanding in other cases where he found state action in similar private circumstances.


Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott Feb 1962

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 - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman Apr 1957

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …


Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell Jan 1956

Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell

Michigan Law Review

Defendant Michel, a Negro, was indicted by a grand jury for rape on February 19, 1953. On March 2, the same day that the term of the grand jury expired, he was arraigned and counsel was appointed. One week (five judicial days) later, motion was made to quash the indictment on grounds of discrimination against Negroes in impaneling the grand jury. The trial court ruled that the objection had been waived because Louisiana law requires that it be raised within three judicial days after the expiration of the term of the grand jury. The defendant was convicted, and the Louisiana …


The School Segregation Cases: A Comment, Paul H. Sanders Aug 1954

The School Segregation Cases: A Comment, Paul H. Sanders

Vanderbilt Law Review

Segregation in the public schools on the basis of race or color pursuant to law has been declared unconstitutional by the Supreme Court of the United States.' Such segregation, the Court says, violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment of the Constitution of the United States. The unanimous opinions of the Court delivered by Chief Justice Warren, declare this to be so regardless of the "equality" of the "tangible factors" in such educational facilities. This action, of paramount significance during the term just ended, will have a sequel of …