Topic
Due Process
1,511 published works
Connecticut Employment Law Blog
State Moves to Dismiss Shelton’s Challenge of CHRO’s Damage Awards
Back in August 2012, I reported on a new lawsuit filed by the Town of Shelton which claimed that the CHRO was improperly denying Shelton its Due Process Rights by not…
Sentencing Law and Policy
Second Circuit finds substantive due process problems (and others) with penile plethysmography testing for convicted sex offender
Main October 3, 2013Second Circuit finds substantive due process problems (and others) with penile plethysmography testing for convicted sex offender Thanks to a number of helpful readers, I have not…
Drug & Device Law
Offensive Collateral Estoppel Foiled Again
We came to you a few weeks ago on the topic of collateral estoppel. Not the most exciting doctrine as far as equitable doctrines go, but collateral estoppel has gained greater…
The Appellate Strategist
Argument Report: Are Statutory Penalties Under the Employee Classification Act Constitutional?
By Kirk Jenkins
Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings? During oral argument last…
Class Action Countermeasures
Justifying Defendant’s Due Process in Class Action Litigation
By The Editors
In the past few years, the legal academy has become more concerned with the question of how exactly a defendant's due process rights play out in the class action context.…
The Appellate Strategist
Illinois Supreme Court to Debate Constitutionality of Labor Department Fines
By Kirk Jenkins
Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in Bartlow v. Costigan. Bartlow isa facial constitutional challenge to the system of administrative fines administered by the Illinois…
Drug & Device Law
Ascertainability Gets Its Day in the Sun
Class actions are strange and dangerous things. A cornerstone of American jurisprudence is that the government (including its courts) cannot deprive people (such as our clients) of their property without…
Federal Eminent Domain Blog
Notice In Environmental Assessments
A major problem to property owners who may be acquired in the future is the failure to provide appropriate notice that the owners might lose their property. Drawing ambiguous lines…
Mass Tort Litigation Blog
Jill Wieber Lens on a Defendant’s Accuracy-Based Right to Present Defenses
By joetort
Professor Jill Wieber Lens (Baylor) has posted to SSRN her article, No Matter the Enormous Cost: A Defendant's Accuracy-Based Right to Present Defenses. Here's the abstract:The Supreme Court has held that…
Constitutional Law Prof Blog
Federal Judge Allows Lawsuit for Unconstitutional Sex Assignment Surgery to Proceed
In the closely watched case of M.C. v. Aaronson, a minor claims a violation of both substantive and procedural due process under the Fourteenth Amendment by South Carolina doctors who…