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Due Process

1,512 published works

  1. Sentencing Law and Policy

    Looking into the Wisconsin case looking into the use of risk-assessment tools at sentencing

    By Douglas Berman

    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…

  2. Sentencing Law and Policy

    Appellate judges certify to Florida Supreme Court whether state sentencing scheme violates Due Process Clause or Eighth Amendment

    By Douglas Berman

    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…

  3. SALT Shaker

    Ohio Supreme Court Rules that Taxing Out-of-State Investor’s Capital Gain Violates Due Process Clause

    By Eversheds Sutherland SALT

    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…

  4. Sentencing Law and Policy

    Is “geography” really an “arbitrary feature” of a capital prosecutions?

    By Douglas Berman

    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…

  5. Human Rights at Home Blog

    The Constitutional Fight Over Delay

    By humanrightsathome

    by Michael Meltsner   // <![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[// &amp;amp;amp;amp;amp;amp;amp;amp;lt;![CDATA[try{Typekit.load();}catch(e){}// ]]&amp;amp;amp;amp;amp;amp;amp;amp;gt;// ]]&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…

  6. Sentencing Law and Policy

    Making a friendly pitch for SCOTUS to consider constitutional limits on extreme judicial sentencing increase based on uncharged homicide

    By Douglas Berman

    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…

  7. Civil Rights Law & Policy Blog

    SCOTUS rules there’s no right to speedy sentence

    By Andrew M. Ironside

    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…

  8. Sentencing Law and Policy

    Can anyone forcefully assert that a major sentence enhancement based on acquitted conduct (or even uncharged conduct) is “fundamentally fair”?

    By Douglas Berman

    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…

  9. Sentencing Law and Policy

    Two interesting intricate criminal justice rulings from SCOTUS (including a first-ever casebook cite inBetterman!)

    By Douglas Berman

    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…

  10. ImmigrationProf Blog

    Timothy Dugdale: Two Cert Petitions in Cases Involving the Plenary Power Doctrine

    By immigrationprof

    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…