EXTRA! Read All About It: Why Notice by Newspaper Publication Fails to Meet Mullane's Desire-to-Inform Standard and How Modern Technology Provides a Viable Alternative

Decades ago the Supreme Court articulated that dueprocess requires adopting a means of service that onewould naturally adopt if he actually desired to informanother. For generations newspaper publication has beenallowed where the party to be notified is not known orcannot be located. But, given the rapid transformation of information dissemination over our country's recenthistory, are newspapers a method that anyone would use ifthey truly wanted to relay information to another person?This Note examines the shift in how American's receivenews and information in our modern society. It exploresthe decline in newspaper readership, the rise of Internetcommunication, and the historical mobility of our society.Based on the continuous decline in newspaper use and theunstoppable expansion of the Internet, this Note concludesthat newspapers are not a method of communication thatanyone desiring to notify another party would reasonablyuse.

Therefore, notice by newspaper publication no longermeets the constitutional standard for due process.This Note concludes by proposing a method ofnotification that embraces the new ways in which societycommunicates and emboldens proactive citizens to harnessthe power of electronic applications and services tomonitor challenges to their property rights. Given the efficacy of modern-day technology in reaching people, thisNote encourages the Court to modify the Federal Rulesand leverage modern advancements to better protect eachcitizen's constitutional right to notification and anopportunity to be heard.