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Due Process

1,502 published works

  1. Sentencing Law and Policy

    A quick set of SCOTUS highlights

    By Douglas Berman

    Main June 13, 2005A quick set of SCOTUS highlightsAll of today's Supreme Court decisions are now available on-line via SCOTUSblog here and How Appealing here. I have now had a…

  2. Sentencing Law and Policy

    5th Circuit discussesBookerresentencings

    By Douglas Berman

    Main June 7, 20055th Circuit discusses Booker resentencingsOn Monday, the Fifth Circuit had an opportunity in US v. Scroggins, No. 03-30481 (5th Cir. June 6, 2005) (available here) to discuss…

  3. Sentencing Law and Policy

    More on court reviews before death

    By Douglas Berman

    Main May 11, 2005More on court reviews before deathYesterday in this post I spotlighted parallels between the Terry Schiavo case and the on-going litigation in Connecticut seeking to prevent serial…

  4. Sentencing Law and Policy

    Supreme Court indirectly considers supermax prison

    By Douglas Berman

    Main March 29, 2005Supreme Court indirectly considers supermax prisonSCOTUSblog has a helpful account here of Wilkinson v. Austin, the case to be argued in the Supreme Court tomorrow which concerns…

  5. Sentencing Law and Policy

    Post-Bookerabove-range sentences

    By Douglas Berman

    Main March 23, 2005Post-Booker above-range sentencesOne of the many interesting stories in the early post-Booker statistics coming from US Sentencing Commission — which can be accessed from the USSC and…

  6. Media Law Prof Blog

    When the Media Becomes the Story

    By Media Law Prof Blog

    The recent ruling in People v. Combest further tests state shield laws, currently under review in cases like Miller/Cooper, since it allows the defendant in that case to request videotape…

  7. Sentencing Law and Policy

    Mandatory minimum challenges and test cases?

    By Douglas Berman

    Main February 21, 2005Mandatory minimum challenges and test cases?Especially with the plain error doctrines creating the prospect that some (perhaps many) defendants will not get the benefits of the Blakely/Booker…

  8. Sentencing Law and Policy

    Working through the process that is due

    By Douglas Berman

    Main February 9, 2005Working through the process that is dueThe Ninth Circuit's latest work in Ameline (basics here) is notable for its plain error discussion, especially the closing statement that…

  9. Wills, Trusts & Estates Prof Blog

    Same-Sex Marriages in New York

    By Gerry W. Beyer

    Judge Doris Ling-Cohan, a Manhattan judge, ruled on February 4, 2005 that the New York city clerk may not deny marriage licenses to same-sex couples.  She explained that she believes…

  10. Sentencing Law and Policy

    Judge Bataillon provides another great take onBooker

    By Douglas Berman

    Main February 1, 2005Judge Bataillon provides another great take on BookerIn this post right after Judge Cassell issued his remarkable Wilson opinion (basics here, commentary here and here), I suggested…