Minnesota Law Review

Turner v. Rogers, the Right to Counsel, and the Deficiencies of Mathews v. Eldridge

This Note uses Turner v. Rogers as a case-study to demonstrate how the Court’s procedural due process analysis, as laid out in Mathews v. Eldridge, is deficient. The application of the Eldridge balancing approach can appear arbitrary when its outcomes are compared across similar situations or when analyzed in depth in a single instance. Nowhere is this more evident than in cases dealing with the right to an attorney. This Note makes the case that the Eldridge factors insufficiently guide and constrain the Court and thus are inadequate in advancing the original purpose of the Due Process Clause. On a doctrinal level, this Note suggests that the Court’s procedural due process analysis should mirror its substantive due process approach. This would force the Court to undertake a more rigid analysis of procedural due process cases and would properly frame those issues in terms of the underlying rights that are at risk. On a practical level, the Note proposes a series of steps that policy makers, lawyers, and academics can take to expand access to counsel and to encourage the Court to alter both its ruling in Turner and its approach to procedural due process cases as well.

 

:: View PDF

News & Events

  • Fall Submissions Open – Headnotes

    The Minnesota Law Review: Headnotes fall submissions period is open. For more information, please visit our submissions page. Share this: on Twitter on Facebook on Google+

  • Vol. 97 Piece Quoted in Mother Jones Article

    A recent Mother Jones article predicting how the Roberts Court would resolve King v. Burwell draws on How Business Fares in the Supreme Court from Volume 97. You can read the article here. Share this: on Twitter on Facebook on Google+

  • Welcome to De Novo

    For nearly one hundred years, the Minnesota Law Review has been a leader amongst academic legal publications. When Professor Henry J. Fletcher launched the journal in 1917, his goal was simple. It was to “contribute a little something to the systematic growth of the whole law.” Since then, the Law [...]

  • Minnesota Law Review Alum Remembered 45 Years After Death

    Minnesota Law Review alumnus Tom Cranna was honored at the Annual Banquet this Spring, 45 years after his death. Mr. Cranna was remembered for his contributions to the journal, the school, and the positive impact he had on his family and friends. The Devil’s Lake Journal published a memorial which [...]

  • Follow MLR on Twitter!

    The Minnesota Law Review is proud to announce that we are now on Twitter. Follow us @MinnesotaLawRev for information and updates concerning the petition period and deadlines, the opening and closing of article submissions, our 2014 Symposium: Offenders in the Community, and all other news concerning our authors and publications. [...]

Newsletter

cforms contact form by delicious:days