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2 results

  • 5 - Ready, Fire, Aim

  • Tamara Rice Lave, University of Miami
  • Book:
    Sexual Assault on Campus
    Published online:
    23 June 2022
    Print publication:
    07 July 2022, pp 98-138

  • Summary

    Chapter 5 evaluates the fairness of DCL-influenced proceedings under two theories: violation of procedural due process and breach of contract for failure to comport with basic procedural fairness. The first, which is grounded in the U.S. Constitution, provides a stronger basis for recovery. However, it requires state action, which means it is probably only available to public school students. The chapter argues that under either theory, the procedural protections provided are inadequate.

  • 5 - Solving Constitutional Problems

  • H. Jefferson Powell, Duke University, North Carolina
  • Book:
    The Practice of American Constitutional Law
    Published online:
    05 May 2022
    Print publication:
    19 May 2022, pp 153-171

  • Summary

    In order to solve a constitutional problem, the constitutional lawyer will always use the basic toolkit of arguments discussed in Chapter 3, and as we saw in Chapter 4, the lawyer must also consider the ways in which institutional perspective affects how questions are shaped and answers constructed. There are, furthermore, specific clauses in the written Constitution that merit special attention.