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Due Process

1,512 published works

  1. The Faculty Lounge

    Penn Law Faculty Sign Letter Criticizing School’s Sex Assault Adjudication Process

    Sixteen Penn Law faculty members have signed an open letter criticizing the University's campus sex assault adjudication processes for being insufficiently protective of the rights of the accused. The letter…

  2. Sentencing Law and Policy

    “Procedural Proportionality”

    By Douglas Berman

    Main February 15, 2015"Procedural Proportionality"The title of this post is the title of this notable new paper by William Berry III now available via SSRN. Here is the abstract: Given…

  3. Civil Procedure & Federal Courts Blog

    Ruling in Alabama Marriage Litigation: Judge Granade Grants Injunction Against Mobile Probate Judge

    By Adam Steinman

    Following today's hearing, federal judge Callie Granade issued a preliminary injunction against Mobile County Probate Judge Don Davis. Here's the operative text:It is ORDERED and DECLARED that ALA. CONST. ART.…

  4. Sentencing Law and Policy

    Ohio Supreme Court finds multiple constitution flaws in mandatory sex offender sentencing process

    By Douglas Berman

    Main February 11, 2015Ohio Supreme Court finds multiple constitution flaws in mandatory sex offender sentencing processThe Ohio Supreme Court this morning handed down an interesting constitutional ruling in Ohio v.…

  5. Education Law Prof Blog

    Teachers Allege Tennessee Evaluation System is Unconstitutional

    By Derek Black

    In its bid to win a Race-to-the-Top grant from the U.S. Department of Education, Tennessee was one of the first states to substantially alter the way it evaluates teachers.  Under…

  6. Federal Construction Contracting Blog

    Court of Federal Claims Reaffirms VOSB/SDVOSB’s Right to Due Process During Protests, Rejects VA’s Interpretation of Revised Protest Regulations

    By Edward T. DeLisle, Maria Panichelli

    Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims ("COFC").  The AmBuild case was of…

  7. Constitutional Law Prof Blog

    No Remedy for Inmate when Authorities take Medical Settlement for Cost of Incarceration

    By Steven D. Schwinn

    Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit ruled in Shinault v. Hawks that a state has to provide pre-deprivation notice and hearing before it freezes funds in an…

  8. The Faculty Lounge

    Same-Sex Marriage: The Aftermath

    Now that the Supreme Court will decide whether the Constitution forbids limiting marriage to opposite-sex couples, it's time to ponder the rationale for what will likely be a 5-4 decision…

  9. Dewey B Strategic

    Magna Carta at the Library of Congress: The Revolt of the Barons and The Birth of Due Process. Unintended Consequences “Writ Large.”

    By Jean O'Grady

    No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we…

  10. Sentencing Law and Policy

    Victim rights’ back-story at heart of new Cassell-Dershowitz blood feud

    By Douglas Berman

    Main January 7, 2015Victim rights' back-story at heart of new Cassell-Dershowitz blood feud Lots of criminal justice folks are buzzing about the extraordinary spitting match that has broken out between…