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Due Process

1,508 published works

  1. Sentencing Law and Policy

    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.…

  2. White Collar Crime Prof Blog

    NACDL Model Rule Under Due Process Protection Act

    By Ellen Podgor

    The Due Process Protection Act (see here and here), provides that:In all criminal proceedings, on the first scheduled court date when both prosecutor and defense counsel are present, the judge…

  3. White Collar Crime Prof Blog

    From Rob Cary’s Representation of Senator Ted Stevens to the Due Process Protection Act

    By Ellen Podgor

    David Oscar Markus has a terrific podcast interviewing Rob Cary of Williams and Connolly on his representation of Senator Ted Stevens. See here. It is important to be reminded of…

  4. The Right Coast

    Raskin: Trump s Decision Not To Testify May Be Cited As Evidence Of His Guilt JONATHAN TURLEY

    By Thomas A. Smith

    Over the last four years, we have seen an alarming trend of law professors and legal experts discarding constitutional and due process commitments to support theories for the prosecution or…

  5. The Right Coast

    The Due Process Brick Wall – Law & Liberty

    By Thomas A. Smith

    Because Joe Biden made campus sexual assault a signature issue when he was vice president, feminists hope for a return to the era when students who were accused of sexual…

  6. Lex Insight Blog

    “Due Process Paranoia “– Analysing the need for summary procedure provisions in International Arbitration rules.

    By Lex Insight

    This article is written by Naveen Kumar LR, a law student at The National University of Advanced Legal Studies, Kochi.

  7. Medicaid & Medicare: A Legal Blog

    Premature Recoupment of Medicare Reimbursements Defies Due Process!

    By Knicole Emanuel

    Who knows that – regardless your innocence –the government can and will recoup your funds preemptively at the third level of Medicare appeals. This flies in the face of the…

  8. Health Law Prof Blog

    State Estate Taxes and the Due Process Clause

    By Katharine Van Tassel

    Walter Hellerstein (University of Georgia), Andrew D. Appleby (Stetson University), State Estate Taxes and the Due Process Clause, 98 Tax Notes St. 771 (2020):After two decades of relative dormancy, we…

  9. Gender and the Law Prof Blog

    How Much Process is Due for Sexual Misconduct? Inconsistent Standards Based on Place

    By Tracy Thomas

    Nicole B. Porter, "#MeToo and the Process That's Due: Sexual Misconduct Where We Live, Work, and Learn" The #MeToo movement has been instrumental in bringing attention to the pervasiveness of sexual…

  10. IP Intelligence

    Appeal Argues AIA Proceedings Are Unconstitutional

    By Steven Borsand

    Briefing is complete in an appeal asking the Federal Circuit to find that the America Invents Act (AIA) post-grant reviews violate the due process clause of the Constitution based on…