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Due Process

1,508 published works

  1. Consumer Finance Monitor

    Credit unions seek injunction blocking enforcement of NY law reducing debt judgment interest rate

    By Elanor A. Mulhern

    Three credit unions have filed a federal class action lawsuit in the Southern District of New York seeking to halt the enforcement or implementation of New York’s recently passed S.B.…

  2. Sentencing Law and Policy

    "Charging Time"

    By Douglas Berman

    The title of this post is the title of this new paper now available via SSRN authored by Pamela Metzger and Janet Hoeffel. Here is its abstract: On the day…

  3. Paul W. Mollica Federal Courts Blog

    Second Circuit Holds That Younger Abstention Does Not Apply to State Probate Court Order Concerning the Validity of a Lien

    By Paul W. Mollica

    In Cavanaugh v. Geballe, No.21-571 (2d Cir. Mar. 17, 2022), the Second Circuit holds that the district court erred by abstaining under the doctrine established in Younger v. Harris, 401…

  4. Archer Estate & Trust Litigation Law

    Issue Preclusion Under NJ and NY Law

    By Timothy Horn

    Kesselman v. Kesselman, No. A-3620-19 (App. Div. March 2, 2022) The issue on appeal was whether issue preclusion under res judicata and collateral estoppel were applicable to the plaintiff’s complaint.…

  5. Sentencing Law and Policy

    "The New Due Process: Fairness in a Fee-Driven State"

    By Douglas Berman

    The title of this post is the title of this article recently posted to SSRN authored by Glenn Harlan Reynolds and Penny White.  Here is its abstract: Many parts of…

  6. Criminal

    “The New Due Process: Fairness in a Fee-Driven State”

    By Douglas Berman

    The title of this post is the title of this article recently posted to SSRN authored by Glenn Harlan Reynolds and Penny White.  Here is its abstract:Many parts of the…

  7. Simple Justice

    Title IX Hearings, “Best” Practices Of Biased Hearing Officers

    By Scott Greenfield

    Every once in a while, someone lacking a firm grasp on the concept of impartiality says the quiet part out loud. When it comes to Title IX hearings, that person…

  8. Health Law Prof Blog

    Insights Into Due Process Reform: A Nationwide Survey of Special Education Attorneys

    By Katharine Van Tassel

    Bailey Sanders (United States Court of Appeals for the Eleventh Circuit), Jane Wettach (Duke University), Insights Into Due Process Reform: A Nationwide Survey of Special Education Attorneys, 20 Conn. Pub. Int.…

  9. On Point

    Failure to preserve squad cam and body cam video didn’t violate due process

    By Wisconsin State Public Defender

    State v. Rory David Revels, 2021AP1185-CR, District 4, 1/13/21 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court held the police violated Revels’s due process rights by…

  10. PrawfsBlawg

    conference – Mass Torts Evolve: The Intersection of Aggregate Litigation and Bankruptcy

    By prawfsblawg@gmail.com

    Main Friday, January 14, 2022conference - Mass Torts Evolve: The Intersection of Aggregate Litigation and BankruptcyRelated to my post below about Dopesick and the opioid litigation, Samir Parikh sends word…