Topic
Due Process
1,502 published works
Sentencing Law and Policy
Sixth Circuit thoughtfully discusses due process in affirming above-guideline sentence
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…
Labor Law Prof Blog
7th Cir: No Property Interest for Public Employee in Job Title or Job Responsibilities
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),…
Sentencing Law and Policy
ABlakelyperspective onClark
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…
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…
Sentencing Law and Policy
More SCOTUS late term work
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…
Sentencing Law and Policy
Notable Fifth Circuit ruling on sentencing rights
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…
ImmigrationProf Blog
Good Ninth Circuit Due Process Decision
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
Sentencing Law and Policy
More onGrierand the post-Bookerburden of proof
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…
Sentencing Law and Policy
Notable Seventh Circuit ruling on procedural rights in revocation proceedings
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…
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…