Due Process
An Iowa Jury Awards $12 Million in Damages to a Man Who Was Wrongly Imprisoned for Sexual Abuse
A former guidance counselor served six years of a 25-year sentence thanks to a public defender's incompetence.
Biden Administration Guts Due Process Protections for Students Accused of Sexual Misconduct
Under the new regulations, Title IX investigators can deny students access to the evidence against them.
Judges Who Sent Kids to Detention Centers for Financial Kickbacks Ordered To Pay Over $200 Million
Former Judges Mark A. Ciavarella and Michael T. Conahan are now serving lengthy prison sentences for what became known as the "kids-for-cash" scandal.
Sunstein Challenges Originalists on Bolling v. Sharpe (Updated)
If the Supreme Court was correct in Dobbs, was it wrong in Bolling?
Prosecutors Who Want Credit for Investigating Police Corruption Are Happy To Steal Money From Innocent People
The Harris County, Texas, District Attorney's Office oversees civil forfeitures that make a mockery of justice.
This Alabama Town's Shakedowns Are So Egregious That the Justice Department Is Backing a Suit Against It
Brookside faces several federal challenges for trying to fund its city by ticketing and towing the cars of anybody they can get away with.
Lawsuit Alleges that Judges Delegate Pretrial Release Decisions to County Officials
The claims come in a lawsuit against Prince George's County (Md.).
Why Didn't a 'Red Flag' Law Prevent the Illinois Mass Shooting, and Would New Federal Rules Have Mattered?
The answers underline the limitations of laws that aim to prevent this sort of crime by restricting access to firearms.
Clarence Thomas Calls To 'Reconsider' Gay Marriage, Sodomy Rulings
The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.
5 Ways Biden's New Title IX Rules Will Eviscerate Due Process on Campus
The new rules would drop live hearings, bring back the single-investigator model, and limit accused students' options.
Title IX's 50th Anniversary Is a Dark Day for Due Process on Campus
The Biden administration just proposed new rules that would undermine basic fairness in college sexual misconduct disputes.
The Bipartisan Senate Gun Control Bill Would Unjustly Deprive Americans of Their Second Amendment Rights
The legislation prohibits firearm sales based on juvenile records and subsidizes state laws that suspend gun rights without due process.
In Negotiations Over the 'Boyfriend Loophole,' Republicans Show More Concern for Due Process Than Democrats
Senators are mulling legislation that would expand the categories of people who are disqualified from owning guns.
'Red Flag' Laws Require a Tricky Balance
If Congress decides to encourage them, it should not overlook the importance of due process protections.
To Promote Public Safety, Michigan Authorizes Cops To Rob Travelers at Airports
The change represents a substantial reversal of civil forfeiture reforms aimed at protecting innocent property owners.
Bipartisan Support for Red Flag Laws Elides the Practical and Constitutional Issues They Raise
Because there is no reliable way to identify future mass shooters, it is inevitable that many innocent people will lose their Second Amendment rights.
Colorado Private Universities Have Contract & Tort Law Duties to Provide Fair Hearings to Accused Students
A "private educational institution owes a [tort law] duty, independent of any contractual promises, to adopt fair procedures and to implement those procedures with reasonable care when investigating and adjudicating claims of sexual misconduct by one student against another."
The DOJ Says a Man Whose Record Was Expunged Still Must Register As a Sex Offender, Which Is Impossible
A federal lawsuit argues that the department's regulations violate due process, the separation of powers, and the First Amendment.
Johnny Depp and Amber Heard Demonstrate How Not To Handle a #MeToo Case
The torturous trial calls to mind Title IX investigations on college campuses.
The Buffalo Massacre Illustrates the Inherent Limitations of 'Red Flag' Laws
Predicting violence is a lot harder than people claim in retrospect, and a wider net inevitably ensnares more innocent people.
AOC Defends Due Process as Colleagues Greenlight Asset Seizure Bill
Plus: Homeland Security's new Disinformation Governance Board, the FDA's menthol ban, and more...
Houston Says Businesses Must Install Surveillance Cameras and Cops Can View Footage Without a Warrant
Plus: The Warrant for Metadata Act, DOJ will appeal order ending mask mandate, and more...
The Feds Will Return More Than $1 Million in Marijuana Money That California Cops Stole From Armored Cars
Empyreal Logistics agreed to drop its claims against the Justice Department, but it is still suing San Bernardino County Sheriff Shannon Dicus.
Local Lawyers Think 'Gross Negligence' Explains an Unlawful Murder Charge Based on a 'Self-Induced Abortion'
Starr County District Attorney Gocha Allen Ramirez has yet to explain how this egregious error escaped his notice.
For 20 Years, This Prosecutor Had a Secret Job Working For the Judges Who'd Decide His Cases
One of Ralph Petty's victims is trying to hold him accountable, but she will have to overcome prosecutorial immunity.
Texas Prosecutors Blatantly Ignored the Law When They Charged a Woman With Murder 'by a Self-Induced Abortion'
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
Ketanji Brown Jackson Defended People Suspected of Terrorism. Good.
There's a particular richness to Republican senators weaponizing the right to defense counsel as an affront to the Constitution as opposed to something that's pivotal to it.
Here Is What Ketanji Brown Jackson Said in the Harvard Law Review Article That Josh Hawley Found 'Alarming'
The Supreme Court nominee raised serious constitutional concerns about laws that punish sex offenders after they complete their sentences.
Opponents of the Texas Abortion Ban Still Have Ways To Challenge It
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
A California Sheriff Remains Free To Rob Armored Cars Carrying Money From State-Licensed Marijuana Businesses
A federal judge declined to issue a temporary restraining order, saying the evidence of legal violations is insufficient at this point.
Kansas and California Cops Used Civil Forfeiture to Stage Armored Car Heists, Stealing Money Earned by Licensed Marijuana Businesses
The Institute for Justice argues that the seizures violated state law, federal law, and the U.S. Constitution.
Here Is Why a Texas Judge Concluded That the State's Abortion Ban Is Unconstitutional
District Court Judge David Peeples focused on the law's "unique and unprecedented" enforcement mechanism rather than abortion rights.
The ACLU's Push To 'Cancel' Student Debt Shows How Far It Has Strayed From Defending Civil Liberties
The organization's embrace of a wide-ranging progressive agenda undermines its reason for existing.
She Got Her Car Back 6 Years After Police Seized It
Malinda Harris’ ordeal shows how easily the government can take innocent people’s property under civil forfeiture laws.
When Does Government "Fairly Represent" Public Interest Groups' Views, Thus Barring Them from Intervening?
An important and interesting question, arising here as to Title IX, free speech, and due process, but relevant more generally as well (and now pending before the Supreme Court).
Biden Wants To Empower the IRS Despite Its Track Record of Trampling Rights and Undermining Privacy
The IRS' track record suggests that beefed up enforcement will also mean more trampling of Americans' due process rights.
Legally Irrelevant Considerations Cloud the Debate About Kyle Rittenhouse's Acquittal
The jury rightly concluded that the prosecution failed to prove its case.
The ACLU Thinks Kyle Rittenhouse's Civil Liberties Got Too Much Protection
The American Civil Liberties Union should not cavalierly take the side of prosecutors against the concept of self-defense.
Jury Deliberations Begin in Kyle Rittenhouse Trial After Judge Tosses Gun Charge
Plus: Yale University faces an interesting lawsuit, the ACLU takes a stance on student loan debt, and more...
After the DEA Stole $70,000 From This Filmmaker, He Got His Money Back, Plus a $15,000 Settlement
Keddins Etienne's experience shows that bullies who seize innocent people's property tend to back down when their victims put up a fight.
Georgia City Sued Over Ban on Tiny Houses, Small Cottages
Requiring that homes and apartments be a minimum size is a major driver of high housing costs. A new lawsuit from a nonprofit developer argues those rules are also unconstitutional.
Giving Kyle Rittenhouse Basic Due Process Is Not a Scandal
Such motions are "not uncommon in self-defense cases where there is a dispute over who bears responsibility."
In a New Survey, Victims of Philadelphia's Forfeiture Racket Highlight the Hazards of Giving Cops a License To Steal
"What they're doing is like robbery," observed one property owner.
Although the State of Kansas Admits This Guy Is Innocent, It Still Wants To Destroy His 1959 Corvette
Richard Martinez lost his dream car because of VIN-plate issues prosecutors admit he was "not aware of."
Texas Court Recommends a New Trial for a Man on Death Row, Saying the Trial Judge's Anti-Jewish Bias Violated Due Process
A district court judge found "overwhelming evidence" of Vickers Cunningham's bigotry.
California Business Owners Sue Gov. Newsom Over the Lockdowns
How far do "emergency powers" really extend?
Can Universities Control the Operation of Municipal Zoning Ordinances?
A pending cert petition challenges a Bloomington zoning ordinance that requires a landlord to evict a derecognized fraternity
