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Due Process

1,512 published works

  1. Sentencing Law and Policy

    Split Ninth Circuit panel reverses Arizona death sentence over sharp dissent

    By Douglas Berman

    Main December 29, 2014Split Ninth Circuit panel reverses Arizona death sentence over sharp dissent The Ninth Circuit today issued a notable reversal of an Arizona death sentence by finding that…

  2. Sentencing Law and Policy

    Pennsylvania Supreme Court declares state’s sex offender registration regulations violate juve offenders’ due process rights

    By Douglas Berman

    Main December 29, 2014Pennsylvania Supreme Court declares state's sex offender registration regulations violate juve offenders' due process rightsVia How Appealing, I see that the Supreme Court of Pennsylvania issued this…

  3. Sentencing Law and Policy

    Ohio officials (and taxpayers) get a lethal injection lawsuit for the holidays

    By Douglas Berman

    Main December 25, 2014Ohio officials (and taxpayers) get a lethal injection lawsuit for the holidaysOn the last day of Hanukkah which happened also to be Christmas Eve, a group of…

  4. Guideposts

    Why Courts Should Not Defer To Phantom Factual Findings When Reviewing Punitive Damages Awards For Excessiveness

    By Evan M. Tager, Andrew L. Frey

    Everyone who follows punitive damages law knows that the Supreme Court has identified three guideposts for determining whether a punitive award is excessive under the Due Process Clause: (i) the…

  5. Legal Profession Blog

    Attorney Has Due Process Right To Notice Of Alleged Rule Violations

    By Michael Frisch

    The Utah Supreme Court has reversed findings of misconduct, concluding that the accused attorney had been denied due process.A screening panel found that the attorney violated Rules 1.2, 1.4 and…

  6. Civil Rights Law & Policy Blog

    “Due Process of Administration: The Problem of Police Accountability”

    By Andrew M. Ironside

    The title of this post comes from this recent paper by Professors Charles Sabel and William Simon, the abstract of which states: Many contemporary civil rights claims arise from institutional…

  7. Gender and the Law Prof Blog

    Men Invoking Title IX to Fight Sex Assault Charges

    By John Kang

    From the Washington Times:BOULDER, Colo. — He was suspended for three semesters by the University of Colorado Boulder for “sexual misconduct,” even though police filed no charges against him and…

  8. SDNY Blog

    Judge Kaplan Denies Motion Challenging SEC Administrative Proceedings As Unfair

    By Charles Michael

    In an opinion today, Judge Kaplan denied the motion of CDO manager Harding Advisory and its principal Wing Chau to preliminarily enjoin SEC administrative proceedings against them.  The hearing has…

  9. Sentencing Law and Policy

    “Structuring Pre-Plea Criminal Discovery”

    By Douglas Berman

    Main December 9, 2014"Structuring Pre-Plea Criminal Discovery"The title of this post is the title of this notable new article by Daniel McConkie Jr. now available on SSRN. The piece spotlights…

  10. Civil Service Disqualification Appeals Attorney Blog

    New York City violates due process law in Civil Service Law section 71 and 73 case

    By Kevin Sheerin

    Employee of Department of Environmental Protection was found to have been illegally terminated when New York City failed to give proper notice in Civil Service Law section 73 and Civil…