Topic
Due Process
1,512 published works
Sentencing Law and Policy
Ninth Circuit explains why disappearing does not get one out of a plea agreement or a mandatory minimum sentence
Main May 4, 2016Ninth Circuit explains why disappearing does not get one out of a plea agreement or a mandatory minimum sentenceA little criminal decision handed down by the Ninth…
Sentencing Law and Policy
“Why Vague Sentencing Guidelines Violate the Due Process Clause”
Main April 30, 2016"Why Vague Sentencing Guidelines Violate the Due Process Clause"The title of this post is the title of this new article by Kelsey Heilman now available via SSRN.…
The Right Coast
Foreword: Why Popular Sovereignty Requires the Due Process of Law to Challenge “Irrational or Arbitrary” Statutes by Randy E. Barnett :: SSRN
So-called substantive due process has long been criticized progressives and conservatives as a contradictory interpretation of the Due Process Clauses, and one that undermines the popular sovereignty of We the…
Pennsylvania Family Law
C.A.J. v. D.S.M. A Mixed Due Process Message
My colleague Aaron Weems reported this case on April 12. In the spirit of our U.S. Supreme Court, I offer the following concurrence with his blog but spirited dissent from…
Ohio Appellate Insights
Oral Argument Preview: Court Again Tackles Constitutionality of Mandatory Juvenile Transfer Statutes. State of Ohio v. Matthew Aalim.
Further Update: On May 25, 2017, the Supreme Court of Ohio granted reconsideration in this case, and reversed it. Read the analysis of the new merit decision here. Update: On…
PropertyProf Blog
Fenster on Koontz
Mark Fenster (Florida) has posted Substantive Due Process by Another Name: Koontz, Exactions, and the Regulatory Takings Doctrine (Touro Law Review) on SSRN. Here's the abstract:Koontz v. St. Johns Water Management…
Sentencing Law and Policy
“Summary Injustice: A Look at Constitutional Deficiencies in South Carolina’s Summary Courts”
Main April 4, 2016"Summary Injustice: A Look at Constitutional Deficiencies in South Carolina’s Summary Courts"The title of this post is the title of this new report produced by National Association…
SALT Shaker
Plaintiff Sent Packing: Fourth Circuit Affirms Dismissal for Lack of Personal Jurisdiction
By Chris Mehrmann and Amy Nogid The U.S. Court of Appeals for the Fourth Circuit affirmed the Maryland district court’s determination that it lacked specific personal jurisdiction over a Brazilian…
Supplemental Conditions
City of Philadelphia Slapped for Unconstitutional Behavior
Sadly, the City that gave birth to the Constitution repeatedly runs rough shot over the liberties it affords individuals and businesses. In the latest rebuke to the City of Philadelphia's malfeasance towards…
The Faculty Lounge
Who Is Counseling Melissa Click?
Assistant Professor Melissa Click, of the University of Missouri Department of Communications, became involuntarily famous as the star of this short video in which she called for “some muscle” to…