Topic
Due Process
1,503 published works
Hawaii Legal News
An unrecorded police interrogation—inside and outside the station—violates Due Process in Hawaii.
By Unknown
State v. Zuffante (HSC September 17, 2025). Charles Zuffante and his girlfriend were pulled over by the police for driving around Kona with expired registration. The car was registered to…
HeplerBroom Blog
Fourteenth Amendment Due Process Claim Fails Without Evidence Officer Knowingly Made False Report
By Sarah B. Jansen, Stephanie W. Weiner
Summarizes Seventh Circuit ruling in Zambrano v. City of Joliet, which clarifies that a police officer’s false report only triggers Fourteenth Amendment liability if there's sufficient evidence the officer knew…
Legal Theory Blog
Marcus on the Trump Administration and DEI
Nancy C. Marcus (California Western School of Law) has posted The Unconstitutional War on Diversity, Equity, and Inclusion: Usurpation Through Obfuscation (Texas Journal of Civil Liberties and Civil Rights (forthcoming,…
Religion Clause
School’s Policy on Disclosure of Students’ Social Transitioning Violated Due Process, But Not Parents’ Free Exercise Rights
In Mead v. Rockford Public School District, (WD MI, Sept. 18, 2025), parents of a middle school student, referred to as G.M., challenged a school's policy on non-disclosure of their child's…
Legal Theory Blog
NeJaime & Siegel on Democracy Promoting Substantive Due Process
Douglas NeJaime (Yale University - Law School) & Reva Siegel (Yale University - Law School) have posted Not Lochner! : Substantive Due Process As Democracy-Promoting Judicial Review (113 California Law…
Pay or Play
The Bat Flip Heard Around the World: Rocco v. Little League Baseball, Inc.
In the world of youth sports, few moments are as exhilarating as a home run in a championship game. For 12-year-old M.R. of Haddonfield, New Jersey, that moment became the…
Credit Slips
The President’s Firing of Lisa Cook Is Illegal
President Trump fired Federal Reserve Board Governor Lisa Cook tonight based on unproven allegations by his politically motivated henchman that Cook engaged in mortgage fraud. The President’s actions are illegal.…
Simple Justice
Kilmar’s Choice
The government’s allegations against Kilmar Abrego Garcia have not held up well under even the slightest scrutiny. On the one hand, Homeland Security Secretary Kristi Noem, who favors cosplaying, obedient…
Sentencing Law and Policy
"Due Process or Penological Purpose: Re-evaluating Retributivism in Light of Procedural Reliability and Fairness"
The title of this post is tht title of this new paper authored by Lucas Brolin that I just came across via SSRN. Here is its abstract: Capital punishment presents…
Criminal
“Due Process or Penological Purpose: Re-evaluating Retributivism in Light of Procedural Reliability and Fairness”
The title of this post is tht title of this new paper authored by Lucas Brolin that I just came across via SSRN. Here is its abstract:Capital punishment presents an…