Topic
Due Process
1,503 published works
Supreme Court Update
Lackey v. Stinnie (No. 23-621)
By David R. Roth, Armando Ghinaglia
In Lackey v. Stinnie (No. 23-621), the Supreme Court addressed a question that had divided the circuits: If a plaintiff sues under Section 1983 and obtains a preliminary injunction, but…
Legal Theory Blog
Originalism and the Oral Argument Today in CC/Devas (Mauritius) Limited, et. al v. Antrix Corp.
Today at 10:00am, the Supreme Court will hear oral argument in CC/Devas (Mauritius) Limited, et. al v. Antrix Corp.. Click through for a link to the livesteam: https://www.supremecourt.gov/#. From an…
RIA Law Journal
INTERPOL Data Correction and Red Notice Removal: Ensuring Due Process for Investment Advisers.
Investment advisers representatives operating in global markets may find themselves or their clients unexpectedly subject to an INTERPOL Red Notice. These notices, often misunderstood as international arrest warrants, can have…
Ogletree Deakins Insights
Supreme Court Says Alabama’s Exhaustion of State Processes Rule Unlawfully Blocked Due Process Claims
By By: Alysonne O. Hatfield, Zachary V. Zagger
Quick Hits The Supreme Court ruled that Alabama’s requirement to exhaust administrative processes before pursuing federal due process claims in state court unlawfully immunized state officials from claims for delays…
Legal Theory Blog
Legal Theory Bookworm: “Defending Due Process” by Garrett
The Legal Theory Bookworm recommends Defending Due Process: Why Fairness Matters in a Polarized World by Brandon L. Garrett. Here is a description: We all feel unfairness deeply when treated…
Understanding the ADA
Sovereign Immunity, State Judiciary, and Other Stuff
This week’s blog entry is a case that I have had in my blog to file for some time. This is one of Andrew Rozynski’s cases, and it is not…
EvidenceProf Blog
Courts Find “Dismembering” the Jury in the Absence of the Defendant is Unconstitutional
By Colin Miller
In researching a wrongful conviction case this weekend, I came across my favorite example of judicial vocabulary since learning that people convicted of manslaughter are dubbed "slayers." The example I…
Legal Theory Blog
Schwartz on Dred Scott and Enumeration
David S. Schwartz (University of Wisconsin Law School) has posted An Ugly Common Ancestor: Dred Scott, Roe, And Enumerationism on SSRN. Here is the abstract: The Dred Scott case holds…
Gender and the Law Prof Blog
SCOTUS Grants Woman on Death Row’s Appeal Challenging Prosecutor’s Gender Bias of Weaponing Sex Stereotypes
By Tracy Thomas
Adam Liptak, Supreme Court Questions Prosecutors' Focus on Sex in Capital CaseThe Supreme Court on Tuesday gave the only woman on death row in Oklahoma a fresh opportunity to challenge…
PrawfsBlawg
Realigning Standing with Substantive Due Process
Conservatives and liberals are quickly changing positions on a host of issues, now that there is a secure conservative majority at the Supreme Court. Examples include standing, textualism, agency deference,…