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Due Process

Think You Are Guaranteed a Right to a Jury of Your Peers? It Might Just Turn on Your Marginal Tax Rate

Burke E. Strunsky | Posted 11.21.2014 | Crime
Burke E. Strunsky

Inadequate jury pay is essentially gutting class diversity and creating more homogenous juries that no longer represent a true cross-section of our communities.

To Harvard and Other Universities: In Protecting Students From Sexual Assault, Don't Disregard Due Process

Michael Shammas | Posted 11.20.2014 | College
Michael Shammas

Yes, Harvard's previous sexual assault policy was utterly inadequate to protect survivors of sexual misconduct -- as are far too many policies still in place at other American universities. But the new policy goes dangerously far in another direction, and law professors were right to call their university out.

It Doesn't Matter What Your Reason Is for Not Having Sex -- Unless You're at Michigan

Susan Kruth | Posted 12.01.2014 | College
Susan Kruth

This is utterly unconscionable, and, frankly, insane. It is the absolute last message we should be sending to college students. It is especially surprising considering many advocates' recent focus on the importance of obtaining enthusiastic consent.

The Case of the Missing Transcript Becomes Stranger Yet (Part IV)

Judge H. Lee Sarokin | Posted 09.24.2014 | Crime
Judge H. Lee Sarokin

If ever the saying "Justice delayed is justice denied" has applicability, it is in this strange case. Defendants who may be innocent and whose constitutional rights were likely violated sit in prison.

Dead Is Dead: Drone-Killing the Fifth Amendment

Peter Van Buren | Posted 09.23.2014 | Politics
Peter Van Buren

Looking back on the violations of justice that characterized British rule in pre-Constitutional America, it is easy to see the Founders' intent in creating the Fifth Amendment. A government's ability to inflict harm on its people, whether by taking their lives, imprisoning them, or confiscating their property, was to be checked by due process.

Tuning in to Teachers

Randi Weingarten | Posted 09.19.2014 | Education
Randi Weingarten

Why would 3,500 people go to sun- and fun-filled Los Angeles and opt to spend the bulk of their time inside a cavernous convention hall? To be heard.

The House and Senate Battle over Egypt Aid

Daniel R. DePetris | Posted 08.29.2014 | Politics
Daniel R. DePetris

If Egyptian President Abdel Fattah el-Sisi is expecting the United States to deliver the $1.3 billion in annual military assistance without any delays or restrictions, he may be in for a "rude awakening," as Senate Foreign Relations Committee Chairman Robert Menendez said during a hearing on Egypt earlier this month.

Vergara Identified A Few Real Problems, But It's Completely Wrong About The Solutions

Ben Spielberg | Posted 08.13.2014 | Education
Ben Spielberg

Judge Treu's opinion unfortunately reflects a misunderstanding of education research and teacher employment law's effects. His decision also erodes labor protections without increasing the likelihood of an excellent education for students in low-income communities.

Michael McAuliff

House Vote Maintains Military Ability To Jail People Without Trial

HuffingtonPost.com | Michael McAuliff | Posted 05.22.2014 | Politics

WASHINGTON -- The House voted down a measure Thursday that would have ended the military's ability to indefinitely jail anyone without charge or trial...

Rand Paul Invokes Stephen Colbert In Filibuster Rant

The Huffington Post | Natasha Bach | Posted 05.21.2014 | Politics

Sen. Rand Paul (R-Ky.) took to the Senate floor Wednesday to discuss his opposition to President Barack Obama's nomination of David Barron to the Firs...

Senator Rand Paul Defended

Bruce Fein | Posted 07.13.2014 | Politics
Bruce Fein

Senator Rand Paul is like Horatius at the bridge standing against the serial vandalizing of the Constitution by the President of the United States and his myrmidons at the Department of Justice.

White House Task Force Fails To Properly Guide Campus Sexual Misconduct Policies

Azhar Majeed | Posted 07.07.2014 | Politics
Azhar Majeed

The White House task force is right to be concerned about the prevalence of sexual assault and sexual harassment on campus, and to attempt to create solutions to these problems. However, doing so must not come at the expense of students' due process and free speech rights.

Oscar Pistorius and the Criminal Justice System at Work

Steven Brill | Posted 05.14.2014 | Crime
Steven Brill

On a purely academic level, the Oscar Pistorius trial is a perfect example of why we need the strong and fair justice system that will allow society to search for the truth of what happened that night.

Supreme Court Rules on Pre-Criminal Trial Asset Seizure

Brad Reid | Posted 04.27.2014 | Crime
Brad Reid

The fundamental legal concept of due process requires the right to be heard by a neutral decision maker before having life, liberty, and property taken by the government. The majority opinion seems to unduly fear a hearing.

Obama Is Right: Close Guantanamo -- It's Anti-American

Michael Shammas | Posted 04.05.2014 | Politics
Michael Shammas

While some Republicans are wont to decry anti-Guantanamo liberals as "anti-American," the only anti-American thing in this debate is Guantanamo itself. For it goes against everything our nation professes to respect and love.

Los Angeles County Board of Supervisors: Please Fix the Inequitable System of Justice for Juveniles

Carol Chodroff | Posted 04.02.2014 | Los Angeles
Carol Chodroff

The unduly lengthy sentences children denied effective representation may receive contravene extensive national, scientific research documenting that incarceration is by far the least effective sentence, leading to more repeat offending than any other sentence in juvenile court. They are also exorbitantly expensive.

Epic Coalition Joins Fight for the Right to Dissent on Campus in 'Facebook Collage' Case

Greg Lukianoff | Posted 02.16.2014 | College
Greg Lukianoff

Way back in 2007, student Hayden Barnes was kicked out of Valdosta State University (VSU). Barnes was labeled a "clear and present danger" to campus a...

9/11 Defendant Ejected From Court (Twice) After Protesting Prison Conditions

Daphne Eviatar | Posted 02.16.2014 | World
Daphne Eviatar

The judge presiding over the 9/11 case at the Guantanamo military hearings had one of the five co-defendants forcibly removed from the courtroom after he objected that he was being deprived of his right to meaningfully participate in his case.

A Justice Denied as Bangladesh Prosecutes War Crimes

Ronak D. Desai | Posted 02.01.2014 | World
Ronak D. Desai

Born in bloodshed, Bangladesh seeks a justice long overdue. Regrettably, the very judicial body responsible for delivering that justice instead threatens to further deny it.

A Tale of Two Montanas: The Department of Education's Title IX Enforcement Hypocrisy

Stephen Henrick | Posted 11.30.2013 | College
Stephen Henrick

The U.S. Department of Education's Office for Civil Rights ("OCR") is the federal agency responsible for enforcing Title IX, a law that requires disci...

An Overview of Civil Asset Forfeiture and Recent Cases

Brad Reid | Posted 10.14.2013 | Business
Brad Reid

Beyond the technical procedural details, the due process and public policy questions surrounding civil asset forfeiture are important. The appropriate balance between secure property ownership and fighting crime is essential to both individuals and the business community.

And Marriage Makes Three: A Gay Rights Trilogy Secures a Legacy

Julie A. Nice | Posted 09.02.2013 | San Francisco
Julie A. Nice

The Supreme Court's landmark ruling this week in U.S. v. Windsor invalidating Section 3 of the federal Defense of Marriage Act follows a path carefully forged by Justice Anthony Kennedy.

Putting an End to Sledgehammer Justice: Lawmakers Must Heed the Call for a Fair and Inclusive Path to Citizenship

Alisa Wellek | Posted 07.21.2013 | Politics
Alisa Wellek

The current immigration bill falls short of overhauling our broken immigration system. The heart of the bill is clearly the pathway to citizenship, but what's missing from the conversation is the number of individuals who will actually be barred from this path.

The Civilization Genome Project

Bruce Fein | Posted 07.21.2013 | World
Bruce Fein

A civilized society honors virtue, wisdom, self-restraint, and a search for truth without ulterior motives. It is not preoccupied or awed by technological wizardry, scientific discoveries, limitless wealth, athletic marvels, or weapons of mass destruction.

Historic Decision Recognizing Right to Counsel for Group of Immigration Detainees

Esha Bhandari | Posted 06.24.2013 | Politics
Esha Bhandari

The ruling will begin to correct an unjust system by providing essential protections for an extraordinarily vulnerable group -- immigrants with serious mental disabilities whom the government imprisons while their cases remain pending.