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Due Process

Is This Adversary Procedure? "Dr." Posner's Potent Prescription

Evan Bernick | Posted 08.27.2015 | Politics
Evan Bernick

At what point does the adversarial process that is central to our legal system cease to be truly adversarial? In a case involving an indigent prisoner who sued prison administrators and staff for deliberate indifference to his medical needs, a divided Seventh Circuit panel reversed a summary judgment in favor of the defendants, sending the prisoner's suit back down for further fact-finding.

California Court Rules That a Mother's Custody Petition Requires a Hearing

Brad Reid | Posted 07.26.2015 | Parents
Brad Reid

In a just decided (July 23, 2015) unpublished decision (In re Emily S.) the Court of Appeals of California, Second Appellate District, has reversed a trial court's decision that denied, without a hearing, a biological mother's court petition to regain custody of a daughter.

A Big Victory in Georgia Points the Way to Ending Abuses of Freedom of Speech on Campus

Greg Lukianoff | Posted 07.23.2015 | College
Greg Lukianoff

Today marks the official end of an eight-year legal odyssey for one student who was kicked out of his college for clearly protected speech back in 200...

Are Biological Fathers Receiving Appropriate Due Process When Their Parental Rights Are Terminated?

Brad Reid | Posted 07.21.2015 | Parents
Brad Reid

When a child is born to unmarried biological parents or results from a married biological parent's affair, there may be a conflict between the biological parents concerning appropriate parenting for the child.

Who Asked the Worst Question at the President's Iran Press Conference?

Judge H. Lee Sarokin | Posted 07.17.2015 | Media
Judge H. Lee Sarokin

My vote goes to April Ryan of Urban Radio Networks. Major Garrett comes in a close second for the insulting nature of his question about the four Americans held in Iran, but at least he was on subject.

The Same-Sex Marriage Decision Had Everything to Do With the Constitution

Alex Glashausser | Posted 07.16.2015 | Politics
Alex Glashausser

Chief Justice John Roberts pouted. "Celebrate," he sniffed, sounding as festive as Ebenezer Scrooge. "But do not celebrate the Constitution. It had nothing to do with it." Actually, the Constitution had everything to do with it.

Do Not Take Legal Shortcuts When Terminating Parental Rights in an Adoption Case

Brad Reid | Posted 07.08.2015 | Parents
Brad Reid

While many things can go tragically wrong in adoption cases, a preventable problem is a failure to appropriately terminate the parental rights of a biological parent. This comment provides a brief and incomplete educational overview of the single issue of termination of parental rights in domestic U.S. adoption cases.

The President Sings of Grace

Richard J. Rosendall | Posted 07.02.2015 | Gay Voices
Richard J. Rosendall

The marriage victory required decades of work by countless people. More work remains, from transgender and immigrant rights to police reform, employment protections, and rebuffing the false pose of victimhood by religious bullies.

Red, White, Black and Blue: Toward a More Truthful National Narrative

Cynthia Kane | Posted 07.06.2015 | Politics
Cynthia Kane

A fabulous sense of joy came out at Pride celebrations across the nation last week, following SCOTUS's ruling in Obergefell v. Hodges that individual states can't legally deny same-sex couples the right to marry.

I Know an American 'Internment' Camp When I See One

Satsuki Ina | Posted 05.27.2015 | Politics
Satsuki Ina

I was born behind barbed wire 70 years ago in a maximum-security prison camp for Japanese-Americans in Northern California. My visit with mothers and children at the euphemistically named Karnes County "Residential Center" a few weeks ago triggered distressing associations of my own experience as a child. We too lived in a constant state of fear and anxiety, never knowing what our fate would be.

Campus Sexual Assault

Geoffrey R. Stone | Posted 04.02.2015 | Politics
Geoffrey R. Stone

The concern with campus sexual assault has begun to take on the characteristics of a panic in which government officials and school administrators have increasingly lost sight of other fundamental values that must shape the culture of institutions of higher learning.

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 01.21.2015 | 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 01.20.2015 | 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.