Topic
Due Process
1,508 published works
International Law Prof Blog
State Secrets Doctrine Helps and Hurts Boeing
Earlier this month, one of our blog entries discussed the fact that the U.S. Court of Appeals for the Ninth Circuit had dismissed a case against a Boeing subsidary that alleged participation…
Civil Procedure & Federal Courts Blog
SCOTUS Stays $250M+ Class Action Judgment
By Civil Procedure & Federal Courts Blog
On Friday, Justice Scalia (Circuit Justice for the Fifth Circuit) issued an order staying a quarter-of-a-billion-dollar judgment entered in Louisiana state court against several tobacco companies. The case is Philip…
West Virginia Business Litigation
Recusal Redux at WV Supreme Court
Here we go again. Another recusal controversy has developed at the Supreme Court of Appeals of West Virginia. But unlike Caperton v. A. T. Massey Coal Co., Inc., 129 S. Ct.…
Land Use Prof Blog
Shapiro and Burrus on Judicial Takings and Scalia’s Shifting Sands
Ilya Shapiro (Cato) and Trevor Burrus (Cato) have posted Judicial Takings and Scalia's Shifting Sands, forthcoming in the Vermont Law Review, Vol. 35. The abstract:In this article, we examine the…
ImmigrationProf Blog
NPR: Border Patrol Program Raises Due Process Concerns
NPR has aired the first in a three-part series that takes an in-depth look at a little-known program that is pushing the boundaries of the American justice system along the U.S.-Mexico…
Securities Law Prof Blog
Scott on Dodd-Frank’s Procedures for Liquidating Non-Bank Financial Companies
Dodd-Frank: Resolution or Expropriation?, by Kenneth E. Scott, Stanford Law School, was recently posted on SSRN. Here is the abstract:The 2010 financial reform law provides a summary procedure whereby the…
Constitutional Law Prof Blog
Don’t Ask Don’t Tell Unconstitutional: California Federal Judge Rules
By ConLawProf initials at end of post
In an 86 page opinion issued today, federal district judge Virginia Phillips, Central District of California, ruled that the military's "don't ask, don't tell" policy regulating homosexuality is unconstitutional under…
Land Use Prof Blog
Blumm & Dawson on Stop the Beach and Judicial Takings
Michael C. Blumm (Lewis & Clark) and Elizabeth B. Dawson (J.D. Candidate) have posted The Florida Beach Case and the Road to Judicial Takings. The abstract:In Stop the Beach Renourishment…
Constitutional Law Prof Blog
ACLU, CCR Sue to Stop Administration’s Targeted Killings
By ConLawProf initials at end of post
The ACLU and the Center for Constitutional Rights yesterday filed suit in federal court in the District of Columbia to stop the administration's targeted killing of Anwar al-Aulaqi, a U.S. citizen living in…
Sixth Circuit Appellate Blog
Sixth Circuit Further Defines Scope of Judicial Recusal Under Federal Law
The Sixth Circuit has further defined the scope of judicial recusal under federal law by weighing in on a judge’s close personal relationship with an attorney involved in a case.…