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Due Process

1,508 published works

  1. Sentencing Law and Policy

    Split Sixth Circuit panel reverses death sentence in long-running Ohio case

    By Douglas Berman

    Main August 11, 2011Split Sixth Circuit panel reverses death sentence in long-running Ohio caseA split Sixth Circuit panel has today granted habeas relief in an Ohio case concerning a murder…

  2. Federal Eminent Domain Blog

    Due Process: State vs. County

    By Alan Ackerman

    Generally, a county cannot defeat a state environmental department’s approved plan for construction of transmission lines or other utility structures. However, the Constitution’s guarantee of due process mandates that the…

  3. Constitutional Law Prof Blog

    Court Rules Torture Claim Against Rumsfeld Can Move Forward

    By ConLawProf initials at end of post

    Judge James S. Gwin (D.D.C.) ruled this week in Doe v. Rumsfeld that a U.S. citizen's Bivens suit against former Secretary of Defense Donald Rumsfeld can move forward beyond the…

  4. The Right Coast

    Substantive Due Process Part I: The Evolution of My ViewsMike Rappaport

    By Thomas A. Smith

    Recently, I finished the newly published article, The One and Only Substantive Due Process Clause by Ryan Williams in the Yale Law Journal.  It is a very powerful piece and…

  5. Sentencing Law and Policy

    “Federal Judge Rules Florida’s Drug Laws Unconstitutional”

    By Douglas Berman

    Main July 27, 2011"Federal Judge Rules Florida’s Drug Laws Unconstitutional"The title of this post is the headline of this press release from the NACDL reporting on a notable habeas ruling…

  6. International Law Prof Blog

    HRC Accuses Belarus of Violating Human Rights Obligations

    By InternationalLaw Blogger

    The United Nations Human Rights Committee (HRC) has accused Belarus of violating its international agreements by executing two persons while their cases were still under review by the committee. The…

  7. Ohio Appellate Insights

    Due Process Rights at a Civil Contempt Hearing

    By Marianna Bettman

    In my July 13 post I discussed the U.S. Supreme Court decision in Turner v. Rogers , in which the high court discussed the procedural safeguards necessary to meet due process in…

  8. ImmigrationProf Blog

    House Judiciay Hearing Today on Restrictive Proposals

    By immigrationprof

    From the Immigration Policy Center:More Fear and Loathing from the House Judiciary CommitteeCommittee to Take Up Reps. Smith and Goodlatte's Restrictive Immigration BillsWashington, D.C. – Today, the House Judiciary Committee…

  9. Sentencing Law and Policy

    Intriguing Sixth Circuit habeas reversal concerning state resentencing lengthening prison term

    By Douglas Berman

    Main July 11, 2011Intriguing Sixth Circuit habeas reversal concerning state resentencing lengthening prison termThe Sixth Circuit today issued an interesting habeas opinion today in Goodell v. Williams, No. 09-4338 (6th…

  10. Sentencing Law and Policy

    Split Ninth Circuit panel reverses Arizona death sentence based on claim of judicial bias

    By Douglas Berman

    Main July 8, 2011Split Ninth Circuit panel reverses Arizona death sentence based on claim of judicial biasThe split Ninth Circuit panel has reversed an Arizona death sentence today in Hurles…