Jones v. Flowers: An Essay on Unified Theory of Procedural Due Process
Loading...
Authors
Borchers, Patrick J.
Issue Date
2007
Volume
40
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|When the history of the United States Supreme Court in the early twenty-first century is written, Jones v. Flowers will not be celebrated as one of the Court's great achievements. The stakes were small as Supreme Court cases go and its direct precedential relevance limited. But latent in the Court's reasoning is a theme that if fully developed could bring all of procedural due process under one banner to the benefit of constitutional jurisprudence and the practical administration of civil cases.|The whole matter began humbly enough as Supreme Court cases often do. In 1967 Gary Jones bought a house in Little Rock, Arkansas. He lived there a long time with his wife. In 1993 they separated, and Jones moved out to an apartment but continued to pay the mortgage on the house. Of course, as long as he had a mortgage, he had an escrow account that paid the property taxes. But after he paid off the mortgage in 1997, there was no escrow account to pay the taxes and nobody did. Maybe Jones forgot or did not know he had to pay the taxes; the record does not say...
Description
Citation
40 Creighton L. Rev. 343 (2006-2007)
Publisher
Creighton University School of Law