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Due Process

Oscar Pistorius and the Criminal Justice System at Work

Steven Brill | Posted 03.14.2014 | 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 02.28.2014 | 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.

No More Enemy Combatants in the US: Obama Renews our Commitment to the Rule of Law

Kate Martin | Posted 06.22.2013 | Politics
Kate Martin

It seems that the current administration led by President Obama has learned important lessons about not over-reacting, about defeating terrorism through resilience and respect for civil liberties like the right to a trial.

The Billionaires' Big Plans for California Schools

John Thompson | Posted 05.26.2013 | Los Angeles
John Thompson

The heart of Vergara vs. California is the assertion that "California's schools hire and retain grossly ineffective teachers at alarming rates."

Bringing Gideon's "Noble Ideal" to the Immigration System

Carmen Iguina | Posted 05.22.2013 | Los Angeles
Carmen Iguina

Each day in this country, hundreds of immigrants appear in immigration court on their own and without legal counsel, even though the government is represented by a trained attorney and immigration law has been referred to as "more complex than the tax code."

How to Create an Immigration System That's Worthy of American Values

Ahilan Arulanantham | Posted 05.20.2013 | Politics
Ahilan Arulanantham

If we are to have an immigration system that's truly worthy of America's values, four critical reforms are in order, which I will be discussing at today's Senate hearing.

Attorney General Eric Holder: If the President Does It, It's Legal

John W. Whitehead | Posted 05.18.2013 | Politics
John W. Whitehead

It may be that the time has come to create a "non-political" and "independent" attorney general, one who would serve the interests of the public by upholding the rule of law rather than justifying the whims of the president.

The 3 Real Problems With Drone Strikes

Cenk Uygur | Posted 05.07.2013 | Politics
Cenk Uygur

It's frustrating to see how muddled the debate over drones has become. The problem isn't the tool; the problem is how we are using it.

Guaranteeing Due Process for Citizens and Lawful Residents

Sen. Dianne Feinstein | Posted 02.11.2013 | Politics
Sen. Dianne Feinstein

Courts have previously reached ambiguous and conflicting decisions regarding whether U.S. persons apprehended on American soil may be subject to indefinite detention under the laws of war. I am confident my amendment brings much-needed clarification to this area of the law.

Ending Indefinite Detention of Americans Who Aren't Being Detained Doesn't Solve the Problem

Daphne Eviatar | Posted 01.29.2013 | Politics
Daphne Eviatar

If due process is a principle worth defending for citizens and green-card holders, then it's a principle worth defending for everyone. Failure to do that has already led the U.S. government to jail potentially innocent men for a decade or more offshore.

The Process: A Presidential Imperative

Mark Goulston, M.D. | Posted 12.12.2012 | Politics
Mark Goulston, M.D.

JFK to Eisenhower: What went wrong with the Bay of Pigs? Eisenhower: You didn't have a process. If the above is true (and if someone has a source pl...

The Justice System's Imprisonment of Innocent Citizens

Anthony Gregory | Posted 12.03.2012 | Crime
Anthony Gregory

It is almost a certainty that thousands of innocent Americans are behind bars, potentially subject to brutal conditions, violence, and very often rape. But this reality poses a major inconvenience for the dominant forms of modern political ideology.

What Students Are Doing for Trayvon This Easter Weekend

Vanessa Baden | Posted 06.06.2012 | Miami
Vanessa Baden

Students from across the state of Florida and the nation have gathered to trek 40 miles from Daytona to Sanford to call for justice. It is time for the justice system to show itself impartial and to allow the process to begin.

Justice for George Zimmerman

Wyatt Troia | Posted 06.05.2012 | College
Wyatt Troia

Forgotten in the rush to punish George Zimmerman are the components of true justice: a presumption of innocence, dispassionate evaluation of the evidence, due process and color-blindness.