Topic
Due Process
1,504 published works
Sentencing Law and Policy
New York’s highest court rejects again Sixth Amendment challenge to its persistent felony offfender law
Main February 25, 2009New York's highest court rejects again Sixth Amendment challenge to its persistent felony offfender lawA helpful reader alerted me to a new opinion from the New York…
EvidenceProf Blog
Of A Constitutional Character?: Eastern District Of Michigan Denies Constitutional Challenge To Admission Of “Other Bad Acts” Evidence
By Colin Miller
In its recent opinion in Fields v Howes, 2009 WL 304751 (E.D. Mich. 2009), the United States District Court for the Eastern District of Michigan denied Randall Lee Fields' petition…
Sentencing Law and Policy
Seventh Circuit reverses sentence based on insufficient evidence of “precrime” of attempted murder
Main February 13, 2009Seventh Circuit reverses sentence based on insufficient evidence of "precrime" of attempted murder The Seventh Circuit today in US v. England, No. 08-2440 (7th Cir. Feb. 13,…
Land Use Law Blog
No Conflict Between Prosecutorial and Advisory Positions
By Katherine J. Hart and Leslie Z. Walker On February 9, 2009, the California Supreme Court held the State Water Resources Control Board ("Board") did not violate the due process…
Sentencing Law and Policy
Notable due process ruling from Massachusetts high court about detaining dangerous juves
Main February 11, 2009Notable due process ruling from Massachusetts high court about detaining dangerous juvesThanks to this post at How Appealing, I discovered yesterday's notable due process ruling coming from…
Legal Profession Blog
Rights Of Grand Jury Target
The New Mexico Supreme Court has held that a grand jury target is entitled to a procedural remedy when the prosecuting attorney declines to present potentially exculpatory evidence to the…
ImmigrationProf Blog
Advocates Letter to A.G. Holder
Today, the American Immigration Law Foundation (AILF) is joined by more than 130 immigrants' rights organizations, law firms, and lawyers from across the country in calling for Attorney General Eric…
Constitutional Law Prof Blog
Law Professors File Amicus Brief in Al-Marri
By ConLawProf initials at end of post
A group of leading constitutional law professors filed an amicus brief today in Al-Marri v. Spagone, the case testing the President's authority to indefinitely detain, without trial, a lawful U.S.…
Med Law Blog
Physician Obtains Injunction Against Hospital’s Change in Status
In Cole vs. St. James Healthcare, the Montana Supreme Court affirmed the entry of a preliminary injunction against St. James Healthcare. The facts, briefly stated, were that the hospital had undertaken…
inversecondemnation.com
Cal. Court of Appeals Revisits (Sort of) Landgate: Of Regulatory Takings, Means-End Analysis, and Due Process
In a lengthy (70 page) opinion, the California Court of Appeals (Sixth District), in Shaw v. County of Santa Cruz, No. H031108 (filed Dec. 19, 2008, ordered published Jan. 16,…