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Due Process

1,511 published works

  1. ImmigrationProf Blog

    Peter Margulies: The DHS Border Memo II: Removal First, Hearing Later?

    By immigrationprof

    Peter Margulies on LawFare critically analyzes the constitutional implications of a possible Trump administration immigration reform.   He writes:"One subject of senior U.S. officials’ talks with Mexico on Thursday was a…

  2. Civil Procedure & Federal Courts Blog

    Glover on Legal Claims and Regulatory Theory

    By Adam Steinman

    Maria Glover has published A Regulatory Theory of Legal Claims, 70 Vand. L. Rev. 221 (2017). Here’s the abstract:Procedural law in the United States seeks to achieve three interrelated goals…

  3. RLUIPA Defense Blog

    RLUIPA Implications of Trump’s Immigration Executive Order

    By Evan Seeman1, Evan Seeman

    Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 –…

  4. Sentencing Law and Policy

    Is due process violated when a plea is taken and sentence imposed on a nearly dead-drunk defendant?

    By Douglas Berman

    Main February 13, 2017Is due process violated when a plea is taken and sentence imposed on a nearly dead-drunk defendant?I am always eager to find funny sentencing stories, but the…

  5. The Right Coast

    Duterte s Last Hurrah: On the Road to Martial Law | by James Fenton | The New York Review of Books

    By Thomas A. Smith

    Today by contrast the pretense of due process is impossible, because the man at the top simply blows it away. One of Duterte s chief selling points as a leader…

  6. PrawfsBlawg

    Do immigrants benefit from lack of due process? The pro-immigrant case for anti-immigrant procedures

    By prawfsblawg@gmail.com

    Main Friday, February 10, 2017Do immigrants benefit from lack of due process? The pro-immigrant case for anti-immigrant procedures Is the lack of procedural due process a bad thing for immigrants?…

  7. Sentencing Law and Policy

    Third Circuit finds death row inmates granted resentencing stuck in solitary confinement have protected liberty interests

    By Douglas Berman

    Main February 10, 2017Third Circuit finds death row inmates granted resentencing stuck in solitary confinement have protected liberty interestsA unanimous panel ruling by the Third Circuit yesterday in Williams v.…

  8. The Faculty Lounge

    What Could Stanford Have Been Thinking?

    I find myself reluctantly gesturing toward one of the third rails of public discourse—sexual assault. Substantively, of course, there is very little disagreement: No one speaks out in favor of…

  9. International Law Prof Blog

    ABA urges President Trump to withdraw order restricting travel from seven Muslim-majority countries

    By InternationalLaw Blogger

    The American Bar Association urged President Donald Trump today to withdraw the executive order “Protecting the Nation from Foreign Terrorist Entry into the United States,” which restricts immigration from seven…

  10. PrawfsBlawg

    Focusing on temporary visas as protected “liberty interests” in the challenges to Trump’s Immigration EO

    By prawfsblawg@gmail.com

    Main Sunday, February 05, 2017Focusing on temporary visas as protected "liberty interests" in the challenges to Trump's Immigration EOThe indefatigable Josh Blackman has a post on the "statutory legality" of…