Topic
Due Process
1,502 published works
PropertyProf Blog
Lingle and Eastern Enterprises
By propertyprof
A person who had read my recent essay on Lingle v. Chevron asked me whether I thought Lingle would have an impact on how Eastern Enterprises v. Apfel should be…
Sentencing Law and Policy
More strong work by Judge Bataillon onBookerand the sentencing process
Main February 12, 2006More strong work by Judge Bataillon on Booker and the sentencing processKeeping pace with Sentencing Hall of Famer Judge Lynn Adelman, who recently issued two notable Booker…
ImmigrationProf Blog
Some Thoughts about the Mexican Repatriation of the 1930s
In a little-noticed act last fall, the California Legislature passed the Apology Act for the 1930s Mexican Repatriation Program. This bill, which Governor Schwarzennegger signed into law, formally apologized for…
Florida Probate & Trust Litigation Blog
Newsflash to Probate Bar: Even in Probate Proceedings Due Process Rights Still Mean Something
Fleming v. Demps, 2005 WL 3481367 (Fla. 2d DCA Dec 21, 2005) In this case there was a dispute regarding whether $317,000 in a certain bank account belonged to the…
Sentencing Law and Policy
A post-Bookerburden of proof primer
Main August 31, 2005A post-Booker burden of proof primerI have already highlighted, in posts here and here, Judge Joseph Bataillon's significant recent discussion of due process and burdens of proof…
Sentencing Law and Policy
In praise ofOkaiand its burden of proof insights
Main August 30, 2005In praise of Okai and its burden of proof insightsIn this post praising some notable recent district court decisions, I spotlighted US v. Okai, 2005 WL 2042301…
Sentencing Law and Policy
Ninth Circuit amends notable footnote on sentencing procedure
Main August 16, 2005Ninth Circuit amends notable footnote on sentencing procedureAmong a whole bunch of criminal dispositions by the 9th Circuit today is an important order and amended opinion in…
Sentencing Law and Policy
Ninth Circuit rejects ex post/due process limit on applyingBookerremedy
Main August 3, 2005Ninth Circuit rejects ex post/due process limit on applying Booker remedyThe Ninth Circuit today in US v. Dupas, No. 04-50055 (9th Cir. Aug. 3, 2005) (available here)…
Sentencing Law and Policy
Seventh Circuit give short shrift toBookerex post factoclaim
Main July 20, 2005Seventh Circuit give short shrift to Booker ex post facto claimIn a brief opinion today in United States v. Jamison, No. 05-1045 (7th Cir. July 20, 2005)…
Sentencing Law and Policy
1st Circuit addresses due process/ex post factoissues regarding post-Bookersentences for pre-Bookercrimes
Main June 24, 20051st Circuit addresses due process/ex post facto issues regarding post-Booker sentences for pre-Booker crimesIn a week marked by major sentencing developments outside the federal courts — e.g.,…