Topic
Due Process
1,511 published works
Sentencing Law and Policy
Guest posting from Prof Carissa Hessick on SCOTUS argument: “Becklesand the Continued Complexity of Post-BookerFederal Sentencing”
Main November 28, 2016Guest posting from Prof Carissa Hessick on SCOTUS argument: "Beckles and the Continued Complexity of Post-Booker Federal Sentencing"I am pleased to be able to reprint this original…
Workers’ Compensation Law Prof Blog
U.S. Supreme Court Politics and Why Florida May Not Produce the Test Case on Workers’ Compensation Benefit Adequacy
When the U.S. Supreme Court denied cert in Stahl v. Hialeah Hospital earlier this fall, certain commentary around the blogosphere seemed to suggest that the reason for the declination was…
TortsProf Blog
FL: R.J. Reynolds Argues Engle is Preempted, Violates Due Process
R. J. Reynolds is arguing to the Florida Supreme Court that Engle is preempted by FDA v. Brown & Williamson Tobacco Corp. to the extent that Florida state tort law…
ImmigrationProf Blog
Southern Poverty Law Center Report: Report: Abuse, Neglect Common at Immigrant Detention Centers in South
As President-elect Donald Trump prepares to deport millions, an investigation of immigrant detention centers in the South has found that detainees are routinely denied due process and frequently endure inhumane conditions in…
Land Use Developments
Court Rules that California Coastal Commission Staff Members who Participate in Enforcement Proceedings Before the Agency May Also Participate in Related Litigation
California’s courts have frequently addressed a party’s due process rights to a fair and impartial decision maker in quasi-judicial proceedings, holding that during such proceedings there must be separation of…
Financial Services Perspectives
UPDATE: Ninth Circuit Denies Rehearing of Bourne Valley Decision Holding Nevada HOA Super-Priority Lien Statute Unconstitutional
By Bradley
The Ninth Circuit denied the plaintiff’s request to rehear Bourne Valley Court Trust v. Wells Fargo Bank, N.A., in which the Ninth Circuit found NRS 116 to be unconstitutional on…
Class Action Countermeasures
Due Process Arguments and State Court Class Actions
Many class-action commentators (including this blog) spend much of their time focusing on class action in federal courts: what caselaw controls, what arguments tend to work. They spend far less…
Sentencing Law and Policy
“Judicial Sentencing Error and the Constitution”
Main November 2, 2016"Judicial Sentencing Error and the Constitution"The title of this post is the title of this notable new paper authored by Reid Weisbord and George Thomas now available…
Sentencing Law and Policy
“Autonomy and Agency in American Criminal Process”
Main October 24, 2016"Autonomy and Agency in American Criminal Process"The title of this post is the title of this intriguing new short paper now available via SSRN authored by the…
PrawfsBlawg
Hurricanes and Voting Rights
Main Monday, October 10, 2016Hurricanes and Voting RightsIn response to Howard's request, I hopefully will weigh in more deeply on the constitutional analysis when I get a chance. Meanwhile bottom…