A Practical Guide to Uncontested Adjudication

2021 ◽  
pp. 191-222
Author(s):  
James E. Pfander
Keyword(s):  
Best Practices ◽  
Due Process ◽  
Federal Courts ◽  
Domestic Relations ◽  
Practical Guide ◽  
Full Development ◽  
Judicial Role

This chapter provides a primer on best practices in uncontested adjudication. Drawing lessons from the antebellum experience, the chapter reiterates the idea that important constitutional limits on federal adjudication—including the judicial finality requirement in Article III and the due process requirement of fair notice—fully apply to uncontested matters. The chapter further explains the importance of the judicial role in ensuring full development of the factual record in uncontested proceedings. The chapter explains how federal courts might best handle the uncontested adjudication of prisoner petitions through closer attention to the best practices outlined here. It concludes with a discussion of the federal judicial role in probate and domestic relations matters.

scholarly journals Best practices for Electronically Activated Recorder (EAR) research: A practical guide to coding and processing EAR data

2020 ◽  
Vol 52 (4) ◽  
pp. 1538-1551 ◽  
Author(s):  
Deanna M. Kaplan ◽  
Kelly E. Rentscher ◽  
Maximilian Lim ◽  
Ramon Reyes ◽  
Dylan Keating ◽  
...  
Keyword(s):  
Best Practices ◽  
Practical Guide

scholarly journals A practical guide to measuring ex vivo joint mobility using XROMM

2020 ◽  
Author(s):  
Armita R Manafzadeh
Keyword(s):  
Best Practices ◽  
Range Of Motion ◽  
Ex Vivo ◽  
Joint Mobility ◽  
Rotational Mobility ◽  
X Ray ◽  
Practical Guide ◽  
Skeletal Kinematics ◽  
The Way

Abstract X-Ray Reconstruction of Moving Morphology (XROMM), though traditionally used for studies of in vivo skeletal kinematics, can also be used to precisely and accurately measure ex vivo range of motion from cadaveric manipulations. The workflow for these studies is holistically similar to the in vivo XROMM workflow, but presents several unique challenges. This paper aims to serve as a practical guide by walking through each step of the ex vivo XROMM process: how to acquire and prepare cadaveric specimens, how to manipulate specimens to collect X-ray data, and how to use these data to compute joint rotational mobility. Along the way, it offers recommendations for best practices and for avoiding common pitfalls to ensure a successful study.

Liberty, Protection, and Women's Work: Investigating the Boundaries between Public and Private

1996 ◽  
Vol 21 (04) ◽  
pp. 857-899
Author(s):  
Julie Novkov
Keyword(s):  
Progressive Era ◽  
Due Process ◽  
Federal Courts ◽  
Constitutional Theory ◽  
Women's Labor ◽  
Public And Private ◽  
Separate Spheres ◽  
Labor Legislation ◽  
And Gender ◽  
The Relationship

During the Progressive Era, the U. S. state and federal courts considered constitutional challenges to protective labor legislation. While courts often struck down generalized protective legislation, they frequently upheld such legislation for women. I explore the reasoning in the cases decided between 1897 and 1923, showing that the courts developed understandings of liberty for women that differed from those for men. In opposition to traditional separate spheres reasoning, I show that the courts viewed men's exercise of liberty as depending on their private capacities to be free, while women's labor was subject to public control due to state interest in their reproductive capacities. I suggest that constitutional theorists who are studying substantive due process should place more emphasis on courts'conceptions of the subjects of due process guarantees rather than considering solely the challenged statutes' restriction of liberty. I develop a dynamic and complex understanding of liberty to capture this aspect of the relationship between constitutional theory and gender.

6 The Proceedings before the Arbitral Tribunal

2015 ◽  
Author(s):  
Kaufmann-Kohler Gabrielle ◽  
Rigozzi Antonio
Keyword(s):  
Best Practices ◽  
Final Section ◽  
Due Process ◽  
Ad Hoc ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Arbitral Proceedings

This chapter considers how arbitral proceedings unfold once the tribunal is constituted (as discussed in chapter 4), up until the deliberation phase (which is addressed in chapter 7). It starts by identifying the rules that govern the conduct of arbitral proceedings and then examines the interaction between those rules, before describing, by reference to current best practices, the different steps in a ‘standard’ international arbitration. The discussion illustrates, in particular, the articulation between fundamental principles of due process and the parties’ autonomy and arbitrators’ powers in organizing arbitral proceedings. The presentation of arbitral practice is supplemented by a number of model procedural documents: terms of reference for ICC arbitrations, terms of appointment, and a set of specific procedural rules suitable for both institutional and ad hoc arbitration, as well as a standard letter on the appointment of an arbitral secretary. The chapter’s final section is devoted to provisional measures.

US security watchlists face courts’ scrutiny

2020 ◽  
Keyword(s):  
National Security ◽  
Due Process ◽  
Federal Courts ◽  
Content Type

Significance Counterterrorist watchlists are national security tools that are struggling with due-process-related problems. The lawsuits seek to expand access to federal courts to challenge how watchlists are applied and maintained, and to obtain punitive and compensatory money damages to remedy alleged injuries. Impacts Terrorist watchlists will continue to expand in scope, size and impact. Political checks on watchlists will be unreliable impediments to watchlists’ increasing use. Even if plaintiffs win both lawsuits (unlikely), only modest procedural reforms are likely. Watchlists are likely to affect minorities disproportionately.

Gender, Protection, and the Courts, 1895–1907

2017 ◽  
Author(s):  
Nancy Woloch
Keyword(s):  
Women Workers ◽  
Sexual Difference ◽  
Due Process ◽  
Fourteenth Amendment ◽  
Federal Courts ◽  
Reproductive Capacity ◽  
Equal Protection Clause ◽  
Freedom Of Contract ◽  
Single Sex ◽  
Gender Based

This chapter discusses how the courts shaped protective policy from the 1890s to 1907. During this period, state and federal courts began a legal conversation about state protective laws. In court, challengers relied on the due process clause of the Fourteenth Amendment; they embraced freedom of contract and also cited the amendment's equal protection clause. Meanwhile, defenders gave wide latitude to the police power, the state's power to protect the health and welfare of its citizens. Throughout the era, the legal system imposed a discussion of gender. In cases that involved women workers, decisions that upset protective laws defended equal status for women. On the other hand, decision that upheld single-sex laws explored the role of sexual difference, mentioned women's reproductive capacity, and linked hours limits to the good of posterity and the welfare of society. Thereafter, judicial opinion steered states' attorneys—and the reformers who backed protective labor laws—into gender-based strategies.

Personal Jurisdiction and Fifth Amendment Due Process Revisited

2020 ◽  
pp. 231-250
Author(s):  
Chimène I. Keitner
Keyword(s):  
Due Process ◽  
Federal Courts ◽  
Fifth Amendment ◽  
Civil Proceedings ◽  
Personal Jurisdiction ◽  
Domestic Law ◽  
The U.S

This chapter addresses the contested role of U.S. courts in adjudicating disputes with foreign elements. As a matter of domestic law, the Due Process Clauses in the U.S. Constitution constrain the scope of adjudicatory jurisdiction that legislatures can confer on State and federal courts. The Fourth Restatement restates the U.S. law of personal jurisdiction in civil proceedings as requiring that “sufficient contacts” exist between the defendant and the forum, “and that the exercise of jurisdiction be reasonable.” These criteria limit the reach of U.S. courts’ personal jurisdiction. The chapter explores these limits and Congress’s ability to extend them. It also revisits the history and jurisprudence of Fifth Amendment due process limits on personal jurisdiction, considering the Anti-Terrorism Clarification Act of 2018 (ATCA) and the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA).

The Increased Control of State Activities by the Federal Courts

1909 ◽  
Vol 3 (3) ◽  
pp. 347-361 ◽  
Author(s):  
Robert Bruce Scott
Keyword(s):  
Due Process ◽  
National Development ◽  
Federal Courts ◽  
Successive Stage ◽  
Face To Face ◽  
Federal Judiciary ◽  
Federal Constitution ◽  
Due Process Of Law ◽  
Attorneys General ◽  
Constitutional System

It has been well said that “The question of the relation of the states to the federal government is the cardinal question of our constitutional system. At every turn of our national development we have been brought face to face with it, and no definition either of statesmen or of judges has ever quieted or decided it. It cannot, indeed, be settled by the opinion of any one generation, because it is a question of growth, and every successive stage of our political and economic development gives it a new aspect, makes it a new question.”The current discussion provoked by the apparently increasing frequency with which the federal judiciary interferes with the enforcement of the legislative will of the states aptly emphasizes the force of this conclusion. Within late years the federal courts have interposed in numerous cases involving state activities and have asserted the power to control such activities under various circumstances. A brief enumeration of some of the most recent instances of this exercise of power will best indicate the frequency and apparent freedom with which it has been resorted to. Thus it has been held that state boards and commissions, attorneys general and prosecuting attorneys may be enjoined from putting into effect a schedule of railroad rates or gas, telegraph or stockyards rates. alleged to be invalid as working a deprivation of property without due process of law or as otherwise violating the federal constitution.

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