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Due Process

1,513 published works

  1. Death Care Compliance Law

    Taking Liberties with the Law: Where is my due process?

    By Bill Stalter

    Better to remain silent and be thought a fool than to speak out and remove all doubt. Abraham Lincoln Pleading by pleading, the Cassitys are speaking out against injustice.  Brent…

  2. Civil Procedure & Federal Courts Blog

    Specific, Not General, Jurisdiction Upheld Over Non-Residents’ Claims Against Bristol-Myers

    By Patricia W. Moore

    A recent opinion from the California Court of Appeals perhaps illustrates the extent to which defendants have been emboldened by the United States Supreme Court's decision striking down personal jurisdiction…

  3. Government Contracts & Investigations Blog

    Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process

    By J. Scott Maberry, Robert Magielnicki, Thad McBride, Brian Weimer, Mark Jensen

    In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United…

  4. Constitutional Law Prof Blog

    Fourth Circuit: Virginia’s Same-Sex Marriage Ban is Unconstitutional

    By Ruthann Robson

    Professor Ruthann Robson, City University of New York (CUNY) School of LawAffirming the federal district judge's decision in February, a panel of the Fourth Circuit in a divided opinion has…

  5. Guideposts

    Why Defendants In Punitive Damages Cases Have A Due Process Right To Bifurcation

    By Evan M. Tager, Andrew L. Frey

    There are substantial tactical questions whether or when it is in the defendant’s interest to seek bifurcation of the amount of punitive damages from other trial issues and whether the…

  6. Education Law Prof Blog

    Subotnik on Campus Affirmative Consent Bill: An Anti-Rape Measure Too Far?

    By LaJuana Davis

    Professor Dan Subotnik (Touro Law) sent us An Anti-Rape Measure Too Far? analyzing a bill in the California legislature, which, if it becomes law, is likely to become as noteworthy as Antioch…

  7. Sentencing Law and Policy

    What do you get when you mix a challenge to a local $30 “booking fee” with a lot of very smart federal judges?

    By Douglas Berman

    Main July 22, 2014What do you get when you mix a challenge to a local $30 "booking fee" with a lot of very smart federal judges?The answer to the seemingly…

  8. inversecondemnation.com

    Circuit Split Alert: Second Circuit Says Williamson County Ripeness Applies To Due Process

    By Robert H. Thomas

    When the one side or the other in the public debate complains about "judicial activism," they're usually talking about judges legislating from the bench -- finding new rights, reading words…

  9. Global Policy Watch

    DC Circuit Calls for More Transparency in CFIUS Process

    By Mark Plotkin

    On July 14, the U.S. Court of Appeals for the District of Columbia Circuit decided Ralls Corporation v. Committee on Foreign Investment in the United States — the first ruling by…

  10. Latin American Blog

    Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process

    By J. Scott Maberry, Robert Magielnicki, Thad McBride, Brian Weimer, Mark Jensen

    In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United…