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Due Process

1,508 published works

  1. The Right Coast

    Due Process Is Good, He Said Controversially – TK News by Matt Taibbi

    By Thomas A. Smith

    The only protection most have against accusations is in the law, and in whatever meager level of general respect the public maintains for it. In the Trump years, belief in…

  2. Subject to Inquiry

    Courts Adopt Varying Approaches to Implementing Due Process Protections Act

    By V. Kathleen Dougherty, Michael F. Easley, Jr.

    In a December 2020 article, we highlighted in this blog the amendment of Federal Rule of Criminal Procedure 5(f) in the new Due Process Protections Act (“DPPA” or “the Act”).…

  3. Minding Your Business

    One to Watch: Constitutional Challenges to NYC’s Price Gouging Rule

    By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne

    On March 18, 2021, retailer Union Square Supply, Inc. filed a civil rights class action lawsuit in the Southern District of New York challenging New York City's price gouging enforcement…

  4. School Law

    Revise That IEP Before It’s Too Late

    By Alyce Alfano, Sarah Gleason

    On March 3, 2021, the United States Court of Appeals for the Second Circuit made clear that the Individuals with Disabilities Education Act (IDEA) does not permit school districts to…

  5. The Insightful Immigration Blog

    The Law Does Not Compel the Impossible– Or Does It?: Matter of C-C- and Awuku-Asare v. Garland

    By David Isaacson

    “Lex non cogit ad impossibilia.” In English, as translated by the Court of Appeals for the Eleventh Circuit, that means: “The law does not compel the doing of impossibilities.” In…

  6. Simple Justice

    Will Biden Shift The Title IX Paradigm?

    By Scott Greenfield

    On the one hand, it’s ironic that the guy who was given the opportunity to beat back the Tara Reade accusations would deny that opportunity to male students, who are…

  7. Simple Justice

    Dahlia Discovers Due Process

    By Scott Greenfield

    Kavanaugh? Nope, she can’t even step foot in the Supreme Court anymore knowing that “rapist” is on the bench. Kozinski? Not a chance. Cuomo? Ah, yes. Cuomo. I am a…

  8. The Right Coast

    Is mob justice now poetic justice? | TheHill

    By Thomas A. Smith

    Cuomo deserves due process, despite loudly denying it for others. Simply because Boylan made the allegations is not proof of guilt. Both sides have a right to be heard not…

  9. On Point

    SCOW to address due process right to notice of recommitment hearing

    By Wisconsin State Public Defender

    Sauk County v. S.A.M., 2019AP1033, petition for review granted 2/24/21; case activity Issues for review: 1. Whether S.A.M.’s appeal from his recommitment is moot because it expired before S.A.M. filed…

  10. Criminal

    Split Washington Supreme Court rules state’s strict liability felony drug possession law violates due process

    By Douglas Berman

    The Washington Supreme Court issued an interesting split decision yesterday concerning the state's drug possession law.  Here is how the majority opinion in Washington v. Blake, No. 96873-0 (Wash. Feb.…