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Due Process

1,508 published works

  1. Sentencing Law and Policy

    Ninth Circuiten banchabeas dissent assails state judge plea involvement as “judicial extortion”

    By Douglas Berman

    Main June 21, 2010Ninth Circuit en banc habeas dissent assails state judge plea involvement as "judicial extortion"Today the Ninth Circuit handed down a divided en banc habeas ruling in Murdoch…

  2. Drug & Device Law

    On Substantive Due Process

    By Bexis

    We’ve posted quite a bit on the substantive due process aspects of punitive damages. Other than that, we frankly hadn’t thought about substantive due process being applicable to other aspects of…

  3. Federal Eminent Domain Blog

    Forced Dedications Violate the Right to Just Compensation

    By Alan Ackerman

    The Hillsboro, Oregon Argus article covers a community’s attempt to require a dedication of an avigation easement for land use permits, as such, the owners argue a taking of a…

  4. Legal Profession Blog

    Silence Confesses Error

    By Michael Frisch

    The Nevada Supreme Court reversed a conviction for second-degree murder and related offenses due to the State's failure to properly respond to an issue raised on behalf of the appellant:In…

  5. PropertyProf Blog

    Professor Peter Erlinder Arrested in Rwanda

    By propertyprof

    Forgive me -- I know this does not relate to property law, but I hope you'll agree it's worth the space here under the circumstances. William Mitchell College of Law Professor…

  6. inversecondemnation.com

    Yale Law Journal: Eminent Domain Due Process

    By Robert H. Thomas

    A new article worth reading: Eminent Domain Due Process, 119 Yale L. J. 1280 (2010) by D. Zachary Hudson. Here's the abstract:This Note analyzes the apparent disconnect between eminent domain…

  7. Civil Procedure & Federal Courts Blog

    Hot Off The Presses: Recent Articles of Interest

    By Civil Procedure & Federal Courts Blog

    With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Walter W. Heiser, Due Process Limitations on Pre-Answer Security Requirements…

  8. Federal Eminent Domain Blog

    Notice of Public Meetings

    By Alan Ackerman

    stltoday.com House lawmakers approved a change to Missouri’s open records law that would require earlier notice of select public meetings. The bill — which requires four days notice for meetings…

  9. TortsProf Blog

    Our Thanks to the Spring 2010 Guest Bloggers

    By Christopher Robinette

    We really enjoyed hosting our Spring 2010 guest bloggers.  Our guests explored a wide array of topics:  Mike Green on "Let's Be Careful Out There"Richard Epstein on "Multiple Standards of Liability in…

  10. Sentencing Law and Policy

    Second Circuit finds procedural problems with re-sentencing after 15-year delay

    By Douglas Berman

    Main May 5, 2010Second Circuit finds procedural problems with re-sentencing after 15-year delay They say bad facts make bad law, but today's ruling from the Second Circuit in US v.…