Quote:
Originally Posted by MysticCat
Let me try to make this easy for you. Whether I think it is okay for kids to bring knives to school (even if they are Cub Scout camping knives that are duller than what would be in the cafeteria) and whether I think there are due process issues involved are completely unrelated questions.
I have not offered a due process analysis, largely because one or two news stories don't provide enough information to make any reasonable analysis. But were I too undertake a due process analysis, it would not begin with whether the policy is a good or bad policy. It would probably begin with the question of whether automatic suspension, possibly without any hearing or appeal rights, implicates the due process rights of the student. A due process analysis would typicall have to do with how the consequences of violating the rule were imposed, not with whether the policy was valid or was violated to begin with.
deepimpact basically said it was school policy, intended to include students like him and he violated it. As a second- or third-year law student, she should know (1) that whether a law or policy applies to someone who violated it is usually irrelevant to a due process question, and (2) people's convictions for crimes are overturned everyday not because they didn't violate the law but because they were denied due process. |
As someone who has practiced law for several years, you should recognize that there is a difference between the majority of cases where the courts decided that due process rights had been violated and this case.
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