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Due Process

1,504 published works

  1. Sentencing Law and Policy

    “From my cell, I scent the reeking soul of US justice”

    By Douglas Berman

    Main November 23, 2008"From my cell, I scent the reeking soul of US justice"The title of this post is the title of this piece appearing in London's Sunday Times authored…

  2. Real Lawyers Have Blogs

    Legal News- LexBlogsphere: 11/21/08

    By Kevin O'Keefe

    Whenever I try to explain the idea of "blogs for lawyers" to my friends I talk about attorneys being seen as 'thought leaders' and valuable sources of information on their…

  3. Legal Profession Blog

    No Liberty Interest

    By Michael Frisch

    Not a legal profession case, but an interesting decision from the West Virginia Supreme Court reversed a trial court judgment that declared unconstitutional the procedure to challenge the decision of…

  4. EvidenceProf Blog

    Compulsion: Court Finds Failure To Execute Body Attachment Violated Defendant’s Rights Under The Compulsory Process Clause

    By Colin Miller

    The Sixth Amendment states that:     "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and…

  5. Constitutional Law Prof Blog

    Detention of Legal Residents in U.S.

    By ConLawProf initials at end of post

    A sharply divided Fourth Circuit ruled en banc this summer in Al-Marri v. Pucciarelli that the President had authority under the AUMF to detain a foreign citizen legally residing in…

  6. International Law Prof Blog

    International Criminal Court Appellate Chamber Confirms Suspension of First ICC Trial

    By InternationalLaw Blogger

    The Appellate Chamber of International Criminal Court (ICC) affirmed the suspension of the first trial to come before the court  Some people saw that as a failure of the court,…

  7. Reproductive Rights Prof Blog

    Reva Siegel on Dignity and Abortion Regulation After Casey and Carhart

    By Reproductive Rights

    Reva Siegel (Yale Law School) has posted Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart on SSRN.  Here is the abstract:This essay on the law and politics of…

  8. Sentencing Law and Policy

    “Heinous, Atrocious, and Cruel:Apprendi, Indeterminate Sentencing, and the Meaning of Punishment”

    By Douglas Berman

    Main October 7, 2008"Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment"The title of this post is the title of this new article on SSRN, and the…

  9. Constitutional Law Prof Blog

    Liberty Clause?

    By ConLawProf initials at end of post

    So, how do you refer to this language from the Fourteenth Amendment:"nor shall any State deprive any person of life, liberty, or property, without due process of law"?There seems to…

  10. ImmigrationProf Blog

    Immigrants Have Rights!

    By immigrationprof

    There are many legal questions that have arisen in connection with increased immigration raids by the federal government.  Are individuals arrested in immigration raids protected by the 4th and 5th…