Topic
Due Process
1,503 published works
Nonprofit Law Prof Blog
California Democrat Promises Constituents the End is Not Nigh
There was great consternation in Civil Society last week after the House passed HR 9495, the "Stop Terror Financing Bill." Reputable nonprofit organizations took to the streets to proclaim "The…
Simple Justice
Even Jussie Smollett Deserves Due Process
It doesn’t really matter how much you hate Jussie Smollet or what he did. Not even how it played into the lie that permeated the politics of the moment. It…
ContractsProf Blog
Enforcing Campus Due Process Through Contracts Law and Addressing Vagueness Claims
I happened upon these two different cases that seem evidence of a trend. Perhaps the trend is old, but I had not spotted it before. In the COVID cases, students…
Municipal Minute
Appellate Court Rejects Due Process Claims in Nuisance Case
The City of Chicago filed a lawsuit against the unknown heirs of the deceased owner of a single-family home claiming the property had been neglected and was an unsafe public…
FCPA Professor
Foreign Evidence – Due Process Issues Raised In Hobson Enforcement Action
By Mike Koehler
The FCPA’s extensive legislative history contains concerns about the due process of individuals charged with violating the Foreign Corrupt Practices Act. Representative Bob Eckhardt (D-TX) was particularly concerned about this…
Commercial Case Notes
Party Cannot Raise Non-Jurisdictional Defenses If Default Judgment Has Not Been Vacated
By John Lundin
On October 30, 2024, the Second Department issued a decision in U.S. Bank NA.. v. Callegari-Orlando, 2024 NY Slip Op. 05366, holding that a party cannot raise non-jurisdictional defenses if…
California Corporate & Securities Law Blog
When Dismissing A Case Violates Due Process
When a shareholder sues derivatively, the shareholder is seeking relief not for itself, but for the corporation. Therefore, it should be expected that the shareholder is not free to compromise…
Paul W. Mollica Federal Courts Blog
Ninth Circuit Reassigns a Case Where the Judge and Defendant Formerly Clerked Together for the Same Ninth Circuit Judge
In Creech v. U.S. Dist. Ct. for the District of Idaho, No. 24-4455 (9th Cir. Oct. 16, 2024), the Ninth Circuit grants mandamus to remove a district court judge in…
ImmigrationProf Blog
Immigration Article of the Day: Effectively Irrebuttable Presumptions: Empty Rituals and Due Process in Immigration Proceedings by Tiffany Lieu
Effectively Irrebuttable Presumptions: Empty Rituals and Due Process in Immigration Proceedings by Tiffany Lieu, George Washington Law Review, Volume 92, Issue 3 (June 2024)AbstractRebuttable presumptions—ones that offer the opportunity to overcome a presumed…
Medicaid & Medicare: A Legal Blog
The Importance of Including “Zero-Paid” Claims in Statistical Sampling
A recent case emphasizes the importance of including zero-paid claims in statistical sampling. When claims for which no payment was made—referred to as “zero-paid” claims—are excluded from the sampling frame,…