scholarly journals Getting to the Heart of It All: An Analysis of Due Process in Interscholastic Athletics

2019 ◽  
Vol 29 (2) ◽  
pp. 152-170
Author(s):  
W. Andrew Czekanski ◽  
Amanda Siegrist ◽  
Thomas Aicher
Keyword(s):  
School Districts ◽  
Due Process ◽  
Mission Statements ◽  
Fourteenth Amendment ◽  
Interscholastic Athletics ◽  
Academic Credit ◽  
Property Interest ◽  
Interscholastic Sport ◽  
Procedural Due Process ◽  
High School Athletic

Based on authority of the Fourteenth Amendment to the Constitution, a person is entitled to procedural due process protections by the state prior to the deprivation of any life, liberty, or property interest to ensure a just outcome. While many people assert interscholastic athletics are an important part of a student’s overall education, courts have been reluctant to accept this argument. The purpose of this article is to examine how past legal precedent applies to the current structure and purpose of interscholastic sport. To achieve this, a single state athletic association (i.e., the Ohio High School Athletic Association) was examined as well as the state’s accompanying school districts. Mission statements, structure, and modes of operation were examined in-depth through surveying high schools and performing content analysis of state bylaws. Results revealed the use of pay-to-play, affording student-athletes academic credit for participation, and current mission statements and bylaws may be increasing the liability of school districts.

Termination of Skilled Nursing Facility Medicaid Provider Agreements: Procedural Due Process Requirements

1981 ◽  
Vol 6 (4) ◽  
pp. 451-493
Author(s):  
Nancy Elizabeth Jones
Keyword(s):  
Due Process ◽  
Skilled Nursing Facility ◽  
Health And Safety ◽  
The State ◽  
Federal Regulations ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
Medicaid Reimbursement ◽  
Emergency Situations ◽  
Procedural Due Process

AbstractWhen a state Medicaid agency terminates its provider agreement with a skilled nursing facility, federal regulations give the state the option of providing a pretermination evidentiary hearing; they do not, however, require that a state provide such a hearing. If a state chooses not to grant a pretermination hearing, as a number of states have done, federal regulations require: (1) an informal written reconsideration made by the state and submitted to the skilled nursing facility before the effective date of the termination, and (2) a posttermination evidentiary hearing.This Article argues that a skilled nursing facility has a right under the due process clauses of the fifth and fourteenth amendments of the U. S. Constitution to an evidentiary hearing before termination of its Medicaid provider agreement. The author claims that a skilled nursing facility's interest in continued receipt of Medicaid reimbursement under its provider agreement is a property interest entitled to constitutional due process protections, and not merely an expectation of economic benefit that does not implicate constitutional due process considerations.The Article concludes that, except in emergency situations, state Medicaid agencies are constitutionally required to grant a provider a pretermination, rather than a posttermination, evidentiary hearing. This procedure would protect the provider and its patients from the severe effects of an erroneous termination, while furthering the governmental interest in ensuring the health and safety of skilled nursing facility patients. The format for such a hearing should allow for the participation, with the assistance of counsel, of both the skilled nursing facility and its patients.

The Due Process Right to a Safe and Humane Environment for Patients in State Custody: The Voluntary/Involuntary Distinction

1997 ◽  
Vol 23 (2-3) ◽  
pp. 339-362
Author(s):  
Sarah C. Kellogg
Keyword(s):  
Patient Safety ◽  
Staff Member ◽  
Suicide Risk ◽  
Due Process ◽  
Fourteenth Amendment ◽  
Psychiatric Facility ◽  
State Custody ◽  
Staffing Levels ◽  
State Psychiatric ◽  
Deliberate Indifference

In December 1995, the Eighth Circuit decided Kennedy v. Schafer, holding that a teenage patient who committed suicide while under treatment at a state psychiatric facility had a constitutionally protected liberty interest in a safe and humane environment under the Due Process Clause of the Fourteenth Amendment if her status changed from voluntary to involuntary during the course of her admission. The fifteen year old patient, Kathleen Kennedy, had been identified as a suicide risk, and had been placed on “Protective Suicide Precautions,” which required a designated staff member to keep her in constant eyesight and to interact with her at fifteen to twenty minute intervals. Despite these stringent requirements for supervision and contact, Kathleen was found dead in her room more than two hours after her last contact with a staff member. Her parents brought suit under 42 U.S.C. § 1983 against state and hospital officials, alleging that chronic understaffing and falsification of the records used to determine staffing levels amounted to a pattern of deliberate indifference to patient safety which violated their daughter’s protected liberty interest in a safe and humane environment.

Legal Aid for Children: Some Reflections

1979 ◽  
Vol 4 (4) ◽  
pp. 29-32
Author(s):  
Brian Lucas
Keyword(s):  
United States Of America ◽  
Due Process ◽  
Juvenile Court ◽  
The United States ◽  
Fourteenth Amendment ◽  
Court System ◽  
Bill Of Rights ◽  
Legal Aid ◽  
Legal Representation ◽  
The Supreme Court

In its Second Main Report, Law and Poverty in Australia, the Commission of Inquiry into Poverty expressed the view that “legal representation for children appearing before the children's court, whether in the criminal or protective jurisdiction, is necessary if justice is to be done.”This view coincides with the opinion of the Supreme Court of the United States of America in In re Gault. It has been said that this decision “unleashed a frontal assault on the juvenile court system.” It confirmed that juveniles were entitled to “due process” and the same protection which the Fourteenth Amendment and the Bill of Rights afforded to adults.

scholarly journals Le recouvrement de l'impôt et les droits de la personne

2005 ◽  
Vol 24 (3) ◽  
pp. 457-475
Author(s):  
Henri Brun
Keyword(s):  
Human Rights ◽  
Income Tax ◽  
Due Process ◽  
Tax Law ◽  
Canadian Charter ◽  
Section 8 ◽  
Procedural Due Process ◽  
Due Process Of Law ◽  
Income Tax Law ◽  
The Right

Those who like to pay tax are few. Accordingly, income tax is often described as a shame. Of course, the right to enjoyment of property is at stake in the matters of taxation. And the collection of taxation involves also other aspects of the right to substantive and procedural due process of law : right to privacy, to be heard, to unbiassed decision, to professional secrecy... This article contrasts these rights, as they are expressed in sections 5 to 9 and 23 of the Charte des droits et libertés de la personne of Québec and section 8 of the Canadian Charter of Rights and Freedom, with sections 13 to 16 and 38 and following of the Loi sur le ministère du revenu of Québec and sections 159, 231 and 232 of the Canadian Income Tax Act. It finds that it is the application of the income tax law, more than the law itself, that threatens human rights. It concludes that the main benefit of both Charters of rights is to provide a shelter from such unreasonnable application

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