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Due Process

1,508 published works

  1. Sentencing Law and Policy

    Split Florida Supreme Court finds fundamental due process error with sentencing judge’s “round-up” policy

    By Douglas Berman

    Main August 25, 2011Split Florida Supreme Court finds fundamental due process error with sentencing judge's "round-up" policyThe Florida Supreme Court has a notable little sentencing ruling today in Cromartie v.…

  2. CrimProf Blog

    “Post-Skilling Government Approach – Depends on the Case”

    By CrimProf BlogEditor

    The post is at White Collar Crime Prof:Redzic raised issues of whether the accused had truly been advised under due process of the charges against the defendant since the government…

  3. Sentencing Law and Policy

    WSJtakes note of the mess that is Florida’s (now unconstitutional) criminal drug laws

    By Douglas Berman

    Main August 22, 2011WSJ takes note of the mess that is Florida's (now unconstitutional) criminal drug lawsI have been a bit surprised to have not yet seen much mainstream discussion…

  4. Drug & Device Law

    One On One

    By Bexis

    This is a post about one of our least favorite subjects – punitive damages.  We had to conduct some research recently that we thought we’d share with you.  It has…

  5. Sentencing Law and Policy

    State judge finds Florida drug law unconstitutional

    By Douglas Berman

    Main August 17, 2011State judge finds Florida drug law unconstitutionalRegular readers may recall the news late last month of a federal habeas ruling in Shelton v. Florida DOC, No. 6:07-cv-839-Orl-35-KRS…

  6. Sentencing Law and Policy

    “Lawyers for Defendant in Giffords Shooting Seem to Be Searching for Illness”

    By Douglas Berman

    Main August 17, 2011"Lawyers for Defendant in Giffords Shooting Seem to Be Searching for Illness"The title of this post is the headline of this interesting new piece from the New…

  7. ImmigrationProf Blog

    Lawsuit Challenges Shackling of Non-Violent Detainees in Court

    By immigrationprof

    From the Lawyers Committee for Civil Rights: The American Civil Liberties Union of Northern California (ACLU-NC), the Lawyers' Committee for Civil Rights of the San Francisco Bay Area (Lawyers' Committee), and…

  8. Constitutional Law Prof Blog

    The Limits of DeShaney: Fifth Circuit Finds Special Relationship

    By ConLawProf initials at end of post

    Over a vigorous dissent from Judge Carolyn Dineen King, the two other judges on the panel in Doe v. Covington County School District, found the special relationship test of DeShaney…

  9. Civil Procedure & Federal Courts Blog

    Distinguishing Iqbal, Seventh Circuit holds allegations against Donald Rumsfeld adequately state a Bivens claim

    By Civil Procedure & Federal Courts Blog

                In Vance v. Rumsfeld, 2011 WL 3437511 (7th Cir. Aug. 8, 2011), plaintiffs, who are American citizens and civilians, alleged that they were detained and tortured by U.S. military…

  10. Legal Profession Blog

    Jailing En Masse For Contempt Violated Due Process

    By Michael Frisch

    Immediately after the conclusion a hearing on a motion to reduce sentence, a judge held 32 spectators in criminal contempt and sent them to jail. The contempt was imposed on…