Topic
Due Process
1,508 published works
Sixth Circuit Appellate Blog
Another Supreme Court Habeas Reversal
In Metrish v. Lancaster, a unanimous Supreme Court reversed the Sixth Circuit’s decision that Michigan courts violated due process when they took away a defendant’s diminished-capacity defense before his second…
Sentencing Law and Policy
SCOTUS unanimously reverses habeas win for defendant based on state elimination of “diminished capacity” defense
Main May 20, 2013SCOTUS unanimously reverses habeas win for defendant based on state elimination of "diminished capacity" defense Only a matter of weeks after it was argued, the Supreme Court…
ImmigrationProf Blog
NY City Bar Analysis of Appointed Counsel, Due Process & Detention S. 744 Amendments
Mark Noferi (Brooklyn) provided this information for teh blog:The New York City Bar Association Immigration and Nationality Committee, chaired by Lenni Benson of New York Law School, has issued its…
Constitutional Law Prof Blog
Daily Read: New Book “The Price of Justice” Discusses the Caperton Case
By ConLawProf initials at end of post
The 2009 sharply divided Supreme Court opinion in Caperton v. Massey Coal is the centerpiece of the new book, The Price of Justice: A True Story of Greed and Corruption…
Constitutional Law Prof Blog
Daily Read: Spindelman on Carpenter on Lawrence
By ConLawProf initials at end of post
Integral to the same-sex marriage cases of Perry and Windsor argued before the Court last month is the 2003 case of Lawrence v. Texas. Although the Court's opinion specifically excluded…
ImmigrationProf Blog
Congressional Support for Civil Rights and Due Process Immigration Reform
From Congresswoman Lucille Roybal-AllardRepresenting California’s 40th Congressional District36 Members of Congress to Congressional Leadership: Immigration Reform Must Include Strong Civil Rights and Due Process Protections Washington, DC – Today, Representatives John…
Legal Profession Blog
Disparate Treatment Of Counsel Violates Fundamental Fairness
The New York Court of Appeals has affirmed an Appellate Division conclusion that a trial court had improperly discharged the defendant's Legal Aid Society attorney.The case involved robbery charges and…
Sentencing Law and Policy
Interesting split Fourth Circuit finds police lies made subsequent plea involuntary
Main April 1, 2013Interesting split Fourth Circuit finds police lies made subsequent plea involuntary The Fourth Circuit today has a very interesting split panel opinion that might be seen as…
Mass Tort Litigation Blog
The Problem of Settlement Class Actions
By joetort
I have posted a new paper, The Problem of Settlement Class Actions, on SSRN. It makes the argument that we should abandon settlement-only class actions as a means of resolving…
Sentencing Law and Policy
“‘The Judge, He Cast His Robe Aside’: Mental Health Courts, Dignity and Due Process”
Main March 12, 2013"'The Judge, He Cast His Robe Aside': Mental Health Courts, Dignity and Due Process"Hard-core Bob Dylan fans will should appreciate the title of this new Michael Perlin…