Topic
Due Process
1,508 published works
Reproductive Rights Prof Blog
Sixth Circuit En Banc Majority Rules Ohio Can Defund Planned Parenthood
Politico (Mar. 12, 2019): Appeals court rules Ohio can defund Planned Parenthood, by Alice Miranda Ollstein:In an en banc opinion issued Tuesday, the Sixth Circuit Court of Appeals found that…
Simple Justice
Suing DeVos, Advocates Admit The Title IX Lie
A pervasive argument against male students whose lives were destroyed by the flagrant refusal to provide due process in campus Title IX sex tribunals is that colleges are not anti-male,…
Sentencing Law and Policy
Notable Eighth Circuit panel ruling finds due process right of confrontation violated in revocation of supervised release
I am expecting (and hoping) that the Supreme Court thought its pending Haymond case (basics here and here) will soon be adding to the constitutional procedural protections of federal defendants…
PrawfsBlawg
A question for crim pro types
Main Wednesday, February 27, 2019A question for crim pro typesA federal court ruled last week that federal prosecutors (namely, then S.D. Fla. US attorney, now-Secretary of Labor Alex Acosta) violated…
Association Alert
Are Grievance Committees Impartial Enough?
By Daniel Miske
Master v. Country Club of Landfall, --- S.E.2d --- (2018) Issue Does due process require a hearing before an impartial tribunal (Board)? NO!!! The Facts Masters was a member a…
A Contrario
Chagos Islands: In Pursuit of Due Process
ADETOKUNBO HUSSAIN** INTRODUCTION ‘So forcible within my heart I feelThe bond of nature draw me to my own,My own in thee, for what thou art is mine;Our [S]tate cannot…
SALT Insights
Tempest in a Teapot? The Due Process Clause Implications of Kaestner Trust
The two primary constitutional weapons used to combat the application of state tax laws are the Due Process Clause and the Commerce Clause. That said, for decades Due Process Clause…
Race and the Law Prof Blog
“Due Process” Dog Whistles (Professor Nancy Chi Cantalupo)
Secretary Betsy DeVos and the Trump administration’s Department of Education (ED) have turned “due process” into a dog whistle. While these officials are loudly spinning their recent Notice of Proposed…
EvidenceProf Blog
Supreme Court of New Jersey Finds a Brady Violation Based on Late Disclosure of Nineteen Pieces of Exculpatory Evidence
By Colin Miller
Pursuant to the Supreme Court's opinion in Brady v. Maryland, the State has an affirmative duty under the Due Process Clause to timely disclose material exculpatory evidence. The typical opinion involving…
Land Use Developments
Court Rejects Citizens Group’s Challenge to Venice Development Permitting Process
“Out here, due process is a bullet!” – John Wayne As a general principle, the federal and state constitutions prohibit governmental entities from depriving persons of property without due process…