Due diligence

that it had broken segments of her spinal cord and left her paralyzed. Although the doctors told her she wouldn’t be able to walk again, she never believed them. My mother was a prayerful woman who had faith that God will heal her. She knew that in due time, she would…

I think that I hold a lot of things inside and do not let them out due to many reasons, however I do get energy from contemplation, ideas and reflection. It does not take too much these days to feel like I have no energy. On the other side I do not think that I am aloof or complicated. I am diffident but also thoughtful…

controlling case law holds that in the University setting more due process is required then the “some kind of notice and afforded some kind of hearing” set out in Goss v. Lopez? 3. Does Shahmaleki’s procedural due process claim (Count I), fail to state a plausible claim for relief where under Kansas law, a graduate student lacks a property interest in continued enrollment at the University and in the alternative was sufficient due process provided to the student so that his rights were not…

In Young v. New York City Transit Authority, the courts used different tests and relevant precedents to determine if begging and panhandling should be protected under the freedom of speech doctrine. The two-prong test was developed by the Supreme Court in Spence v. Washington to determine if expressive conduct was protected as a form of speech under the First Amendment. “The first prong of the test requires a court to determine whether there exists an intent to convey a “particularized message.”…

The issue in the case of Donald B. Farmer v. Commonwealth of Virginia, Farmer claims that since there was another man already charged and convicted of these crimes, the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States prohibits the Commonwealth from prosecuting Farmer under inconsistent theories regarding the identity of P.F.’s rapist and also, that the evidence was insufficient to sustain Farmer’s convictions. In 2011, Donald Farmer was convicted and…

are aware such an opportunity exists. Therefore, the defendant must be aware of the opportunity to be heard, and that opportunity can exist only through notification. See Fuentes v. Shevin, 407 U.S. 67, 80 (1972) (“[T]he central meaning of procedural due process [is] clear: Parties whose rights are to be affected are entitled to be heard; and in order that they may enjoy that right they must first be notified.”). This memorandum explains two points: (1) that constructive notice comports with the…

the expulsion as a violation of her due process rights. Can the student challenge the action? Surprisingly, the answer depends on which federal circuit the student lives in. In 1975, the United States Supreme Court held that state law could provide primary students a property interest in their education. However, forty years later, courts remain uncertain of when such an interest exists for university students. In Goss v. Lopez, the Supreme Court extended due process protections to a…

parental rights and due process is a complex issues. It is something that has been debated by educational professionals, scholars, and even the American court system as a whole. Before the EAHCA of 1975 the law had very little written in regards to due process rights, and many times school officials were the only people making decisions for disabled students. Parental input was limited at best (EAHCA, 1975). Below I will discuss a specific court case that involves parental rights or due process,…

The use of coercion in plea bargains is constitutional according to the Supreme Court. Since plea-bargains for drug courts involve a greater need of coercion than normal court process due to the limited options available, it is considered a leveraging power to help drug users take advantage of the necessary treatment provided. However, the excessive use of coercion has led to many drug offenders entering treatment that are considered understaffed and over capacity (Parsons & Wei, 2015). The…

U.S. District Court for the District of Minnesota and the U.S. Court of Appeals for the Eighth Circuit, respectively. Each has an involved history with Minnesota’s governor, Joyce Cooper. In this paper, I will argue that the Fourteenth Amendment’s Due Process Clause bars Skinner, but not Tiller, from hearing two cases to which Cooper is a party: the Sierra Club case and the Cooper Corruption case. I address each of the two cases in parts I and II of the paper. Under each of those parts is two…