Topic
Due Process
1,503 published works
Sentencing Law and Policy
Second Circuit finds problem with upward enhancement
Main November 28, 2007Second Circuit finds problem with upward enhancement Harlan Protess at the Second Circuit Sentencing Blog has this speedy coverage of what he calls a "Major Relevant Conduct…
Reproductive Rights Prof Blog
Court Distinguishes Abortion and Feticide
Via the Associated Press:AUSTIN, Tex. (AP) — Texas laws allow the killing of a fetus to be prosecuted as murder, regardless of the stage of development, but the laws do…
PropertyProf Blog
Post-Lingle Substantive Due Process Case
By propertyprof
Over at Law of the Land, Patty Salkin has a post on a recent Ninth Circuit decision in Crown Point Development, Inc. v. City of Sun Valley. The Circuit had…
Med Law Blog
HCQIA Immunity Denied to Hospital for Denial of Due Process
HCQIA IMMUNITY DENIED FOR HOSPITAL VIOLATIONS OF DUE PROCESS In the case of Wilkey vs. The McCullough - Hyde Memorial Hospital , the United States District for the Southern District…
inversecondemnation.com
Second Circuit: How to Prove a Due Process Zoning Case
The US Court of Appeals for the Second Circuit (NY) has provided some guidance on how to prove a substantive due process zoning case, and what is a "property interest"…
Sentencing Law and Policy
Mass SJC gives force to due process and fundamental fairness at sentencing
Main November 7, 2007Mass SJC gives force to due process and fundamental fairness at sentencingAs noted by How Appealing and explained in this Boston Globe article, yesterday the Supreme Judicial…
inversecondemnation.com
▪ Ninth Circuit: Landowner May Assert Both Takings and Due Process Claims
A must-read decision today from the Ninth Circuit -- Crown Point Development, Inc. v. City of Sun Valley, No. 06-35189 (Nov. 1, 2007). The court clarified a point that has…
Sentencing Law and Policy
Is thede factomoratorium on executions going to impact capital indictments and death sentences?
Main October 19, 2007Is the de facto moratorium on executions going to impact capital indictments and death sentences?One of many questions I have now that a de facto execution moratorium…
Sentencing Law and Policy
Suggestions for helping the Roberts Court deal with shrinkage
Main October 13, 2007Suggestions for helping the Roberts Court deal with shrinkageTime magazine has this great cover story on the Roberts Court. The piece is entitled, "The Incredibly Shrinking Court"…
Sentencing Law and Policy
Notable Sixth Circuit habeas ruling on sentencing due process
Main October 9, 2007Notable Sixth Circuit habeas ruling on sentencing due processThe Sixth Circuit today in Stewart v. Erwin, No. 05-4635 (6th Cir. Oct. 8, 2007) (available here), grants habeas…