Topic
Due Process
1,512 published works
Sentencing Law and Policy
Looking into the Wisconsin case looking into the use of risk-assessment tools at sentencing
Main June 5, 2016Looking into the Wisconsin case looking into the use of risk-assessment tools at sentencingThe Wall Street Journal has this effective new article discussing the case now before…
Sentencing Law and Policy
Appellate judges certify to Florida Supreme Court whether state sentencing scheme violates Due Process Clause or Eighth Amendment
Main June 3, 2016Appellate judges certify to Florida Supreme Court whether state sentencing scheme violates Due Process Clause or Eighth AmendmentA helpful reader alerted me to a remarkable decision handed…
SALT Shaker
Ohio Supreme Court Rules that Taxing Out-of-State Investor’s Capital Gain Violates Due Process Clause
By Chris Mehrmann and Leah Robinson The Ohio Supreme Court held that the Due Process Clause of the U.S. Constitution precluded Ohio from taxing a nonresident individual on an apportioned…
Sentencing Law and Policy
Is “geography” really an “arbitrary feature” of a capital prosecutions?
Main May 31, 2016Is "geography" really an "arbitrary feature" of a capital prosecutions?The question in the title of this post is prompted by this passage today in Justice Breyer's dissent…
Human Rights at Home Blog
The Constitutional Fight Over Delay
by Michael Meltsner // <![CDATA[// <![CDATA[// &lt;![CDATA[// &amp;lt;![CDATA[// &amp;amp;lt;![CDATA[// &amp;amp;amp;lt;![CDATA[// &amp;amp;amp;amp;lt;![CDATA[// &amp;amp;amp;amp;amp;lt;![CDATA[// &amp;amp;amp;amp;amp;amp;lt;![CDATA[// &amp;amp;amp;amp;amp;amp;amp;lt;![CDATA[try{Typekit.load();}catch(e){}// ]]&amp;amp;amp;amp;amp;amp;amp;gt;// ]]&amp;amp;amp;amp;amp;amp;gt;// ]]&amp;amp;amp;amp;amp;gt;// ]]&amp;amp;amp;amp;gt;// ]]&amp;amp;amp;gt;// ]]&amp;amp;gt;// ]]&amp;gt;// ]]&gt;// ]]>// ]]> Justice Stephen Breyer may be the only current…
Sentencing Law and Policy
Making a friendly pitch for SCOTUS to consider constitutional limits on extreme judicial sentencing increase based on uncharged homicide
Main May 25, 2016Making a friendly pitch for SCOTUS to consider constitutional limits on extreme judicial sentencing increase based on uncharged homicideRegular readers know that I have long been troubled…
Civil Rights Law & Policy Blog
SCOTUS rules there’s no right to speedy sentence
SCOTUS ruled yesterday that convicted criminals' Sixth Amendment right to a speedy trial is not violated by lengthy sentencing delays. As The New York Times's Adam Liptak reports: The case, Betterman…
Sentencing Law and Policy
Can anyone forcefully assert that a major sentence enhancement based on acquitted conduct (or even uncharged conduct) is “fundamentally fair”?
Main May 19, 2016Can anyone forcefully assert that a major sentence enhancement based on acquitted conduct (or even uncharged conduct) is "fundamentally fair"?The question in the title of this post…
Sentencing Law and Policy
Two interesting intricate criminal justice rulings from SCOTUS (including a first-ever casebook cite inBetterman!)
Main May 19, 2016Two interesting intricate criminal justice rulings from SCOTUS (including a first-ever casebook cite in Betterman!)The Supreme Court release three opinions this morning, two of which are criminal…
ImmigrationProf Blog
Timothy Dugdale: Two Cert Petitions in Cases Involving the Plenary Power Doctrine
The plenary power doctrine in immigration is a Cold War relic. It's old, it's tired, and it's a menace to due process and equal protection. The War on Terror gave…