Topic
Due Process
1,508 published works
Sentencing Law and Policy
Stressing AEDPA deference, Eleventh Circuit upholds Florida law requiring defendant to prove lack of mens rea for drug crime
Main August 24, 2012Stressing AEDPA deference, Eleventh Circuit upholds Florida law requiring defendant to prove lack of mens rea for drug crime Long-time readers may recall the news last year…
Sentencing Law and Policy
Second Circuit discusses right to be physically present at sentencing
Main August 24, 2012Second Circuit discusses right to be physically present at sentencing The Second Circuit issued a notable opinion today in US v. Salim, No. 10-3648 (2d Cir. Aug.…
Constitutional Law Prof Blog
Ninth Circuit “Interprets” Constitution of Commonwealth of the Northern Mariana Islands
By ConLawProf initials at end of post
In a brief opinion, a panel of the Ninth Circuit interpreted the Constitution of the Commonwealth of the Northern Mariana Islands to provide no property interest in continued employment necessary for…
Class Actions Insider
Rule 23(b)(2) Class Action Settlements: Notice and Opt Out Rights Will Be Required if Damages Predominate and Perhaps if Damages Are Not Incidental, According to the Second Circuit
One important distinction that Rule 23 makes between different types of class actions is that the rule does not require notice to the class or an opportunity to opt out…
PropertyProf Blog
Stern on the Meaning of Property & the U.S. Constitution
By propertyprof
James Stern (Virginia) has posted Property's Constitution (Cal Law Review) on SSRN. Here is the abstract:Long-standing disagreements over the meaning of property as a matter of legal theory present a…
Class Action Lawsuit Defense
Class Action Settlements — Res Judicata or Not?
Co-authored by: Rodger Eckelberry Defendants settle class actions, in large part, to buy peace. Without res judicata to bar future claims from the class members, a defendant is not getting…
Sentencing Law and Policy
Split Second Circuit panel rejects varied constitutional attacks on NY parole practices
Main August 3, 2012Split Second Circuit panel rejects varied constitutional attacks on NY parole practicesAn interesting split circuit panel ruling comes today from the Second Circuit in Graziano v. Pataki,…
Legal Profession Blog
Defendant Must Receive Due Process On Issue Of Forfeiting Right To Counsel
The Minnesota Supreme Court reversed in part and remanded a drug and firearms conviction in a matter in which the trial court determined that the defendant, by his conduct, had…
Sentencing Law and Policy
Is an insanity defense a constitutional right?
Main July 24, 2012Is an insanity defense a constitutional right?The question in the title of this post is prompted by this effective Washington Post article, which is headlined, "Supreme Court…
Mass Tort Litigation Blog
Burch on Due Process and Securities Class Actions
By joetort
Elizabeth Chamblee Burch (University of Georgia and co-blogger on this illustrious blog) has just posted Governing Securities Class Actions on SSRN. Here's the abstract:This short essay, written for a symposium on The…