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Due Process

1,502 published works

  1. Sentencing Law and Policy

    Sixth Circuit thoughtfully discusses due process in affirming above-guideline sentence

    By Douglas Berman

    Main August 3, 2006Sixth Circuit thoughtfully discusses due process in affirming above-guideline sentenceThe Sixth Circuit has a quite thoughtful opinion discussing due process in the retroactive application of the Booker…

  2. Labor Law Prof Blog

    7th Cir: No Property Interest for Public Employee in Job Title or Job Responsibilities

    By Workplace Prof

    Here's a public employment case concerning the scope of an employee's property interest under a constitutional procedural due process analysis.In Atterberry v. Sherman, No. 04-4115 (7th Cir., July 7, 2006),…

  3. Sentencing Law and Policy

    ABlakelyperspective onClark

    By Douglas Berman

    Main June 29, 2006A Blakely perspective on ClarkThe Supreme Court's discussion of due process, insanity and mens rea today in Clark is another example of the challenging intersection of criminal…

  4. Family Law Prof Blog

    Case Law Development: Police Interference with Parent’s Visitation Rights Did Not Violate Parent’s Substantive or Procedural Due Process

    By Family Law

    The United States Court of Appeals for the Ninth Circuit examines the constitutional interests at stake when police act in visitation disputes.  The case involved an ongoing custody and visitation…

  5. Sentencing Law and Policy

    More SCOTUS late term work

    By Douglas Berman

    Main June 22, 2006More SCOTUS late term workAs detailed here at SCOTUSblog, the Supreme Court issued a lot of decisions today. But the only one that I think might be…

  6. Sentencing Law and Policy

    Notable Fifth Circuit ruling on sentencing rights

    By Douglas Berman

    Main June 21, 2006Notable Fifth Circuit ruling on sentencing rightsThe Fifth Circuit addresses sentencing rights and procedures in the course of rejecting a defendant's challenge to his sentence in US…

  7. ImmigrationProf Blog

    Good Ninth Circuit Due Process Decision

    By immigrationprof

    For a good Ninth Circuit en banc decision reversing the BIA on due process grounds, click here.  UC Davis law alum Jagdip Singh Sekhon handled the case for the petitioner.KJ

  8. Sentencing Law and Policy

    More onGrierand the post-Bookerburden of proof

    By Douglas Berman

    Main June 7, 2006More on Grier and the post-Booker burden of proofAs detailed here, a split Third Circuit panel on Tuesday rejected the claim that the Due Process Clause is…

  9. Sentencing Law and Policy

    Notable Seventh Circuit ruling on procedural rights in revocation proceedings

    By Douglas Berman

    Main May 2, 2006Notable Seventh Circuit ruling on procedural rights in revocation proceedingsThe Seventh Circuit today in US v. Kelley, No. 05-1884 (7th Cir. May 2, 2006) (available here), issued…

  10. PropertyProf Blog

    Jones v. Flowers

    By propertyprof

    The Supreme Court today decided Jones v. Flowers, a procedural due process case involving the tax forfeiture of a home.  The state had sent Jones notice by certified mail, which…