Topic
Due Process
1,508 published works
Wills, Trusts & Estates Prof Blog
Article on Wayfair: Its Implications and Missed Opportunities
Richard D. Pomp recently published an Article entitled, Wayfair: Its Implications and Missed Opportunities, Tax Law: Tax Law & Policy eJournal (2019). Provided below is an abstract of the Article.This…
ImmigrationProf Blog
ABA: Immigration Courts Should be Independent of DOJ
The American Bar Association has renewed calls for lawmakers to overhaul the nation's immigration court system by making the courts independent from the U.S. Department of Justice. The ABA is…
Tax Controversy 360
Sacked in Tax Court! Procedural Missteps by the IRS Leave the Government’s Blindside Exposed
By Jonathan D. Lockhart, Andrew R. Roberson
In Kearse v. Commissioner, T.C. Memo 2019-53, the Tax Court held the Internal Revenue Service (IRS) abused its discretion as part of the taxpayer’s Collection Due Process hearing (CDP hearing)…
Legal Secrets
Default Judgments (including for accounting and related damages) remain limited to what is set forth in the pleading (Sass v. Cohen (2019) 32 Cal.App.5th 1032.)
Due process prevails. A common mistake is pleading damages (other than as limited in Family/PI/wrongful death cases) according to proof without providing the defendant with a number of possible damages. …
Sixth Circuit Appellate Blog
Last week at the Sixth Circuit: Suspended licenses, (Dis)honor Codes, and Re-redistricting
By Lauren Kuley
Showing no signs of a Kentucky Derby hangover (or any follow-on litigation, at least not yet), last week the court wrapped up arguments during the second half of its May…
Gravel2Gavel
Texas Supreme Court: State Agency Actions Affirmatively Misleading People about Procedural Rights Can Be a Violation of Due Process
On May 3, 2019, the Texas Supreme Court issued a significant administrative law ruling in the case of Mosely v. Texas Health and Human Services Commission. The court held, unsurprisingly,…
EvidenceProf Blog
Senators Dan Sullivan and Dick Durbin Introduce the Due Process Protection Act
By Colin Miller
On Wednesday, Senators Dan Sullivan and Dick Durbin introduced the Due Process Protection Act: S.1380 - A bill to amend the Federal Rules of Criminal Procedure to remind prosecutors of…
Broker- Dealer Law Corner
FINRA Proposes To Dispense With Due Process, All Because It’s Failed To Do Its Job Of Policing The Markets
By Alan Wolper, UB Greensfelder
Reading Reg Notice 19-17 makes me think of the legal arguments that I’ve recently read regarding whether a president can be found guilty of obstructing justice if the actions in…
Schantz Law Office Blog
Do Criminal Defense Lawyers Just Get Guilty People Off?
There is a common misconception that criminal defense lawyers spend all their time in court getting guilty people off. Because of movies and television shows that so often inaccurately depict…
PrawfsBlawg
The Special Counsel’s Decision Not To Prosecute Donald Trump Jr.
Main Monday, April 29, 2019The Special Counsel’s Decision Not To Prosecute Donald Trump Jr.Since Robert Mueller’s report was released on April 18, a number of people have commented on the…