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Due Process

1,513 published works

  1. Sentencing Law and Policy

    Could Oklahoma ruling declaring drug secrecy unconstitutional impact execution plans nationwide?

    By Douglas Berman

    Main March 28, 2014Could Oklahoma ruling declaring drug secrecy unconstitutional impact execution plans nationwide?The question in the title of this post is prompted by this new Reuters article, headlined "U.S.…

  2. SDNY Blog

    CDO Manager Sues to Enjoin SEC Administrative Case Based on Inadequate Procedural Protections

    By Charles Michael

    In a complaint filed Tuesday, CDO manager Harding Advisory and its principal Wing Chau allege that the SEC violated their due process and equal protection rights by “shoehorning” a case…

  3. Education Law Prof Blog

    Ending Zero Tolerance

    By Derek Black

    The dramatic rise in suspensions and expulsions over the past two decades is unlikely to be news to anyone reading this blog, but what may be interesting is the near…

  4. GlobalTort

    GM’s Ignition Switch Recall – A Prime Example of Why It’s Not Sound Policy to Let Bankruptcy Courts Cut Off Tort Claims

    By Kirk Hartley

    By itself, the 2009 GM bankruptcy was a poster child for some of the many flaws in chapter 11 and bankruptcy law as used to handle contingent liability claims. See,…

  5. Employment Class Action Blog

    Due for review? The Allstate Insurance Co. v. Jacobsen certiorari petition frames state-court class action due process debate for U.S. Supreme Court resolution

    By John Lewis

    Co-Authored By:  Dustin M. Dow Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members.  Now, a…

  6. ContractsProf Blog

    Do Contractual Penalty Clauses Violate Notions of Due Process?

    By ContractsProf Blog

    Contracts between credit card holders and card issuers typically provide for late fees and “overlimit fees” (for making purchases in excess of the card limits) ranging from $15 to $40. …

  7. Civil Rights Law & Policy Blog

    “The Due Process Exclusionary Rule”

    By Andrew M. Ironside

    The title of this post comes from this recent paper by Richard M. Re, the abstract of which states: As the Supreme Court continues to cut back on and perhaps…

  8. Sentencing Law and Policy

    NACDL brings FOIA lawsuit against DOJ for access to criminal discovery guide

    By Douglas Berman

    Main February 23, 2014NACDL brings FOIA lawsuit against DOJ for access to criminal discovery guideThe alphabet suit title for this post concerning this story reported here by Legal Times under…

  9. Sentencing Law and Policy

    “The Unbearable Lightness of Criminal Procedure”

    By Douglas Berman

    Main February 20, 2014"The Unbearable Lightness of Criminal Procedure"The title of this post is the title of this interesting paper by Ion Meyn available via SSRN. Here is the abstract:…

  10. Education Law Prof Blog

    North Carolina County School Board Plans to Defy New Teacher Tenure Law

    By LaJuana Davis

    The Guilford County Board of Education recently voted to challenge a new North Carolina law requiring the board to choose teachers who will get new contracts in exchange for tenure.…