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Due Process

1,502 published works

  1. Sentencing Law and Policy

    Burdens of proof and a new due process of sentencing

    By Douglas Berman

    Main January 21, 2005Burdens of proof and a new due process of sentencingSteve Sady over at the Ninth Circuit blog has this important and powerful post arguing that, after Booker,…

  2. Sentencing Law and Policy

    Increased sentences post-Booker

    By Douglas Berman

    Main January 21, 2005Increased sentences post-BookerIn this post late last night discussing post-Booker sentencing anecdotes, I noted the story of US District Judge Randy Crane using his new discretion to…

  3. Sentencing Law and Policy

    Ex post facto, due process and cases in the pipeline

    By Douglas Berman

    Main January 18, 2005Ex post facto, due process and cases in the pipelineIn this post and in my testimony in November to the US Sentencing Commission, I spotlighted ex post…

  4. Sentencing Law and Policy

    MorningBookerinsights

    By Douglas Berman

    Main January 17, 2005Morning Booker insightsThere are a range of interesting Booker items this morning. In this Los Angeles Times commentary, Professor Alan Dershowitz discusses the Supreme Court Justices as…

  5. New Jersey Family Law

    New Jersey Divorce : Constitutional Protections

    By Charles C. Abut

    Domestic Violence trials are often short. But sometimes the attempt to abbreviate the proceeding can result in the deprivation of fundamental rights. Here, the failure of the trial judge to…

  6. Sentencing Law and Policy

    Brief (and compelling) weekend reading about mandatories

    By Douglas Berman

    Main November 20, 2004Brief (and compelling) weekend reading about mandatoriesIn this post, I criticized Utah US District Judge Paul Cassell's decision in the Angelos mandatory minimum case for its summary…

  7. Sentencing Law and Policy

    Justice Kennedy’s interesting interest

    By Douglas Berman

    Main October 5, 2004Justice Kennedy's interesting interestIn the course of my Legal Affairs debate last week (available here), I lamented that the Blakely line of cases has a troublesome "binary"…

  8. Sentencing Law and Policy

    More onHammoudand otherBlakelynews

    By Douglas Berman

    Main September 9, 2004More on Hammoud and other Blakely newsWith the help of a business center at the DC Convention Center, I am pleased to be able to get a…

  9. Sentencing Law and Policy

    Do-overs?

    By Douglas Berman

    Main August 4, 2004Do-overs?In the wake of Blakely, I have lately been recalling childhood days when a simple shout of "Do-over!" could remedy mistakes on the playground. (I also recall…

  10. Supreme Court Update

    Lawrence v. Texas (02-102), Stogner v. California (01-1757), and United States v. American Library Assn (02-361)

    By Wiggin and Dana

    Finally, I'm back! Thanks for your patience. We have a lot of ground to cover -- 6 decisions and 2 order lists -- so I'll split it up into a…