Due Process 14th Amendment

Comm Law 1 UVA

incorporation doctrine

almost the entire Bill of Rights have been incorporated through cases

Barron v. Baltimore (1883)

Bill of Rights applies only to federal courts

US v. Cruikshank

same ruling as Barron v. Baltimore

Gitlow v. New York (1925)

Bill of Rights applies to states (incorporation), this case specifically was dealing with the 1st amendment

University in loco parentis

in place of your parents

Dixon v. Alabama (1961)

• 6 African American students expelled for going to a civil rights protest

• SCOTUS said that just because they are university students doesn’t mean they aren’t entitled to due process

are you required to have a lawyer at university level trials?

no

states constitutions are…

• longer

• provide more rights

• amended more frequently (easier process)

• applies only to that state