Topic
Due Process
1,513 published works
Sentencing Law and Policy
Concurrence laments “trend” of federal prosecutors seeking “significantly enhanced terms of imprisonment under the guise of ‘relevant conduct'”
Main October 5, 2014Concurrence laments "trend" of federal prosecutors seeking "significantly enhanced terms of imprisonment under the guise of 'relevant conduct'" An otherwise unremarkable federal drug sentence appeal in the…
The Right Coast
Lawsuit Casts Harsh Light on Due Process at Colgate | RealClearPolitics
The withering of the instinct for, and the understanding of, due process on campus attests to the crisis of liberal education. In the past, our colleges and universities taught students…
International Law Prof Blog
U.S. Supreme Court Grants Cert in Din v. Kerry
The U.S. Supreme Court this morning granted certiorari in Din v. Kerry, 718 F.2d 856 (9th Cir. 2013), a suit filed against U.S. Secretary of State John Kerry, the U.S.…
School Law
Teacher’s Reduction in Hours to Half-Time Does Not Constitute a Termination
The United States Court of Appeals for the Second Circuit dismissed a teacher’s claim that the school district employer failed to provide her with statutory due process when it reduced…
Sentencing Law and Policy
“Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining”
Main September 4, 2014"Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining"The title of this post is the title of this notable paper I just saw on SSRN authored…
Constitutional Law Prof Blog
Louisiana Federal Judge Upholds State’s Same-Sex Marriage Ban
Professor Ruthann Robson, City University of New York (CUNY) School of LawBreaking the spate of federal decisions that have invalidated state same-sex marriage prohibitions, federal district judge Martin Feldman of…
The Appellate Strategist
Fifth Circuit Applies Punitive Damages Limitations to Statutory Civil Penalties
By Vance Wittie
It’s not uncommon for state and federal regulatory schemes to provide for an award of statutory civil penalties to deter and punish certain conduct that it is difficult to monetize…
Gender and the Law Prof Blog
Men Punished for Campus Sexual Misconduct Challenge Unfair Process
By Tracy Thomas
WaPo, Men Punished in Sexual Misconduct Cases on College Campuses are Fighting BackMen punished for sexual misconduct in the wave of cases sweeping college campuses are fighting back against what they call unfair…
Education Law Prof Blog
Ensuring Harsh Discipline and Complicating the Problem
By Derek Black
Getting to the bottom of what would otherwise be a simple suspension appears to be a complex task in J.A. ex rel. Swain v. Talladega City Bd. of Educ., 2014…
Education Law Prof Blog
Student Detained and Suspended Over a Dinosaur Story: A Constitutional Breach?
By Derek Black
The determinative facts are hard to confirm at this point, but based on news accounts, a student in Summerville, SC made a series of fictional story posts on Facebook as…