A student was expelled by St. John Fisher College for alleged sexual misconduct, but was then acquitted at a criminal trial and sued the college; the college agreed to confidentiality to settle the case, but then allegedly breached the agreement.
The new law requires a criminal conviction prior to civil forfeiture and beefs up due process protections for property owners.
Most victims of police misconduct never get to take their cases to court.
Although police seized the perpetrator's shotgun when he was deemed suicidal, he was never identified as a potential murderer.
“While the penalty of suspension is very harsh, it is not shockingly disproportionate to the offense. It does not shock the conscience for a university, acting during a pandemic, to enforce rules designed to prevent the spread of the virus with the penalty of suspension.”
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
In Massachusetts, Malinda Harris argues, civil asset forfeiture routinely violates the right to due process.
The court said criminalizing unknowing possession violates the right to due process.
Two women still face felony charges, though the cases against all male defendants were dropped.
A new study provides further evidence that property seizures are driven by financial motives rather than public safety concerns.
The practice evades constitutional constraints by casting punishment and preventive detention as treatment.
Authorities "shall destroy the videos unlawfully obtained through the surveillance of the Orchids of Asia Day Spa," a federal judge says.
"We certainly would not fault a trial judge's desire to ensure public safety. But judicial concern, understandable as it may be, does not confer judicial power."
The Institute for Justice wants the Supreme Court to rule that the Fifth Amendment requires a prompt post-seizure hearing.
The new president could weaken due process protections for accused students, but it won't be easy.
Secretary of Education Betsy DeVos on schooling during COVID-19, the future of higher ed, and why her cabinet department probably shouldn't exist at all
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
While the 7th Circuit judge is often skeptical of the government's position, some of her conclusions will give pause to civil libertarians.
Gerardo Serrano, whose truck was seized over five forgotten handgun rounds, waited two years for a hearing he never actually got.
A very interesting law review article from Profs. Glenn Harlan Reynolds (Instapundit) & Penny White.
The cops seized Kevin McBride's $15,000 car because his girlfriend allegedly used it for a $25 marijuana sale.
Kevin McBride argues that Arizona's civil forfeiture law is unconstitutional.
The law banned convicted felons from possessing "a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character"—"It is the very overbreadth of such laws that renders them impermissibly vague."
Distorted partisan descriptions of the Department of Education changes could be doing real damage.
"Supreme Court jurisprudence...is heavily weighted against you," an appeals judge told state prosecutors last week.
"[The Oberlin] panel's decision was arguably inexplicable. Per the terms of Oberlin's Policy, intoxication does not negate consent—only 'incapacitation' does.... And the record here provided no apparent basis for a finding that Roe [was incapacitated]."
"USC stripped away my hopes and dreams of playing in the NFL, and this ‘win' does not erase that."
The decision says the "unbridled and unfettered consolidation of authority in one unelected official" violates due process and the separation of powers.
Plus: Breonna’s Law bans no-knock raids in Kentucky, Amazon's third-party problem, new findings on metabolism, and more...
It’s all about the revenue. Civil forfeiture brings in money, and lawmakers are more worried about their budgets than residents’ due process and property rights.
Plus: Virginia decriminalizes marijuana, it's not Trump's call whether we close the country again, and more…
Plus: Homeland Security has detained thousands of pregnant women, Ginsburg wrong about "seamless" contraception coverage, and more...
"It's far worse than we could have imagined," the student's attorney tells Reason.
Under fire for refusing to support Tara Reade, Milano says she never thought #MeToo would "destroy innocent men."
The county's ban on firearm sales is inconsistent with a new federal advisory as well as the Second Amendment.
Plus "An accused student's rights must be guaranteed—not left open for interpretation."
Why there are no "exceptions" to Article III
The extent of state and federal quarantine powers is surprisingly unsettled.
A bizarre Florida “red flag” case shows the importance of safeguards that protect people’s Second Amendment rights.
Psychologist Jesus Padilla was forbidden to complete research that could have set many indefinitely committed people free. He died with the work unfinished.
Americans are so locked into their political sides that many of them seem willing to cast aside some of the nation's long-established constitutional protections.
In Broward County, judges almost never reject police petitions for gun confiscation orders.
Your cellphone is tracking your movements and, despite legal protections, federal, state, and local officials are finding new and disturbing ways to use that information.
The university disallowed the testimony of witnesses who would have undermined the accuser's credibility.
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