Topic
Due Process
1,504 published works
Constitutional Law Prof Blog
Right to Counsel in Truancy Proceedings
By ConLawProf initials at end of post
The Washington Court of Appeals--Washington's intermediate appellate court--ruled this week that children in truancy proceedings have a right to counsel (appointed by the district) as a matter of due process. …
inversecondemnation.com
2008 Land Use In Review: The Ninth Circuit Rediscovers Substantive Due Process
In a development that began in November 2007 (2005 actually, if the starting point is seen as the U.S. Supreme Court's decision in Lingle v. Chevron, U.S.A., Inc., 544 U.S…
ImmigrationProf Blog
AILF Blasts Mukasey
Late yesterday, we posted information on Attorney General Mukasey's actions overturning the BIA on issues related to representation in removal proceedings. The American Immigration Law Foundation issued this statement today: …
ImmigrationProf Blog
AG Overrules Lozada and Assaad
On his way out the door, Attorney General Mukasey is leaving with a bang.Matter of Compean, Bangaly, JEC, 24 I&N Dec. 710 (A.G. 2009) ID #3632http://www.usdoj.gov/eoir/vll/intdec/vol24/3632.pdfhttp://www.usdoj.gov/eoir/vll/intdec/vol24/3632.pdf(1) Aliens in removal proceedings…
Sentencing Law and Policy
Should the Delaware DOC consider the Monty Python “it’s resting” defense?
Main December 30, 2008Should the Delaware DOC consider the Monty Python "it's resting" defense? This local story from Delaware, headlined "Lawsuit begins with end of parrot: Inmates' rights questioned after…
PropertyProf Blog
Kelly on Title Clearing in the Internet Age
By propertyprof
James J. Kelly Jr. (Univ. of Baltimore) has posted Bringing Clarity to Title Clearing: Tax Foreclosure and Due Process in the Internet Age on SSRN. Here's the abstract:The foreclosure of…
Sentencing Law and Policy
Notable little Fifth Circuit ruling on constitutional requirements for back-end sentencing decisions
Main December 15, 2008Notable little Fifth Circuit ruling on constitutional requirements for back-end sentencing decisionsEspecially in light of renewed interest in second-look sentencing issues and also the modern revolution of…
Constitutional Law Prof Blog
En Banc Second Circuit to Hear Canadian’s Rendition Case Tuesday
By ConLawProf initials at end of post
The full Second Circuit will hear oral arguments tomorrow in Arar v. Ashcroft, the civil action by a Canadian detained at JFK, held in solitary confinement for two weeks in…
inversecondemnation.com
9th Circuit Takes Belt and Suspenders Approach to Takings and Due Process Challenge to Cal. Rent Control Ordinance
Revisiting a decision from September 2007, the Ninth Circuit revised the opinion in Equities Lifestyle Prop., Inc., v. County of San Luis Obispo (No. 05-55406), a decision we originally analyzed…
Civil Procedure & Federal Courts Blog
Judicial Ethics and State Elections
By Civil Procedure & Federal Courts Blog
The Supreme Court recently granted cert. to consider "Whether a judge’s failure to recuse himself from a case in which he received substantial campaign donations from one of the parties…