"Due Process in a Fee Driven State"
A very interesting law review article from Profs. Glenn Harlan Reynolds (Instapundit) & Penny White.
Due Process
Tucson Handyman Gets His Jeep Back After He Threatens to Fight the Forfeiture
The cops seized Kevin McBride's $15,000 car because his girlfriend allegedly used it for a $25 marijuana sale.
The Cops Took This Guy's $15,000 Jeep Because His Girlfriend Allegedly Used It for a $25 Marijuana Sale
Kevin McBride argues that Arizona's civil forfeiture law is unconstitutional.
Kansas Knife Statute Held Unconstitutionally Vague
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."
After Dems Exaggerate Impact, Panicked Kids Are Suing Over Betsy DeVos Title IX Changes
Distorted partisan descriptions of the Department of Education changes could be doing real damage.
Robert Kraft and Florida Massage Workers Are Still Fighting Unconstitutional Surveillance Video
"Supreme Court jurisprudence...is heavily weighted against you," an appeals judge told state prosecutors last week.
Expelled Student's Sex Discrimination Claim Against Oberlin College Can Go Forward
"[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]."
Matt Boermeester, a USC Football Player Who Was Expelled After an Unfair Title IX Investigation, Wins in Court
"USC stripped away my hopes and dreams of playing in the NFL, and this ‘win' does not erase that."
Another Judge Rules That Ohio's COVID-19 Lockdown Is Illegal
The decision says the "unbridled and unfettered consolidation of authority in one unelected official" violates due process and the separation of powers.
Federal Aircraft Accused of Tracking Protesters
Plus: Breonna’s Law bans no-knock raids in Kentucky, Amazon's third-party problem, new findings on metabolism, and more...
Why Did Arizona Democrats Kill a Bill Protecting Citizens From Police Overreach?
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.
Judge to FBI: You Should've Gotten a Warrant Before Turning On That Phone
Plus: Virginia decriminalizes marijuana, it's not Trump's call whether we close the country again, and more…
Biden Vows To Destroy Campus Due Process Again If Elected
Plus: Homeland Security has detained thousands of pregnant women, Ginsburg wrong about "seamless" contraception coverage, and more...
Expelled for Sexual Misconduct and Falsely Accused of Having HIV, an Indiana Wesleyan Student Had To Take an STD Test During the Coronavirus Pandemic
"It's far worse than we could have imagined," the student's attorney tells Reason.
Joe Biden Sexual Assault Allegation Made Alyssa Milano Backtrack on 'Believing All Women'
Under fire for refusing to support Tara Reade, Milano says she never thought #MeToo would "destroy innocent men."
L.A. County Sheriff Alex Villanueva Says Gun Dealers Are 'Nonessential.' The Department of Homeland Security Disagrees.
The county's ban on firearm sales is inconsistent with a new federal advisory as well as the Second Amendment.
No Suspension Without Hearing in University Student Disciplinary Proceedings
Plus "An accused student's rights must be guaranteed—not left open for interpretation."
Adjudication Outside Article III (part one)
Why there are no "exceptions" to Article III
Would Italian-Style Lockdowns to Curtail the Spread of Coronavirus Pass Legal Muster in the U.S.?
The extent of state and federal quarantine powers is surprisingly unsettled.
She Said He Said He Saw Demons. Then He Had to Give Up His Guns.
A bizarre Florida “red flag” case shows the importance of safeguards that protect people’s Second Amendment rights.
After He Found California's Indefinite Detention of Sex Offenders Wasn't Working, the State Shut Him Down and Destroyed His Research
Psychologist Jesus Padilla was forbidden to complete research that could have set many indefinitely committed people free. He died with the work unfinished.
Yes, the Constitution Means Your Political Opponents Get Due Process Too
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.
New Data Suggest Florida Cops Have Broad Power to Take Away People's Second Amendment Rights
In Broward County, judges almost never reject police petitions for gun confiscation orders.
Where Have You Been? Your Cellphone Knows and Is Willing to Tell
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.
Judge Upbraids UConn for Unfair Investigation
The university disallowed the testimony of witnesses who would have undermined the accuser's credibility.
Virginia's Pending 'Red Flag' Law Includes Improvements but Still Falls Short of Due Process
The bill's requirements for "emergency" orders are loose, and it does not give respondents a right to a court-appointed lawyer.
Federal Judge Concludes UConn Sexual Assault Hearing Likely Violated Due Process,
orders university to temporarily reinstate accused student for Spring semester.
2 Women Filed Sexual Misconduct Complaints Against a Nigerian Immigrant a Day Before He Graduated From Harvard. He Never Got His Diploma.
Following an insider trading conviction and the collapse of his career, Damilare Sonoiki is suing Harvard.
Inclusion in Texas Gang Membership Database Limits Gun Rights, Might Violate Due Process
An interesting federal court opinion.
Professor Who Faced Attempted Blackmail Over Flirty Emails Now Suing University of New Mexico For Suspending Him
An attorney for Nick Flor says calls his effective termination "unfathomable."
Fiscal Analysis of Colorado's New 'Red Flag' Law Assumes Gun Confiscation Orders Will Be Granted 95% of the Time
Such a high approval rate reflects the threat these laws pose to due process and the Second Amendment.
Arizona Court Reverses Expulsion of ASU Student for Threesome with Allegedly Too-Drunk Classmate
"Other statements by Complainant ... along with undisputed other evidence, entirely disprove her bare assertions that she was incapacitated."
It's Bill of Rights Day. Do Americans Still Care?
The greatest threat to protections for our freedom may be people's fear that people who disagree with them are exercising their rights.
"The Court Granted All of the Relief Requested … Without … Knowing if the Respondent Even Had Notice of the Proceedings"
An interesting due process case from a tribal court.
Joe Biden's Record on Campus Due Process Has Been Abysmal. Is It a Preview of His Presidency?
The 2020 hopeful used bogus statistics to change the way colleges treat students accused of sexual assault.
'Mattress Girl' Emma Sulkowicz Walked Into a Libertarian Happy Hour. No, This Is Not a Joke.
Mattress girl's unlikely friendship with Reason folks is the subject of a recent piece for The Cut.
S.C. Judge Rules the Obvious: It's Unconstitutional for Police to Seize and Keep People's Property Without Proving They Committed Crimes
Law enforcement and prosecutors have seized millions from people they’ve arrested. That might be coming to an end.
Guns and Due Process
"Petitioner had absolutely no prior notice that either his mental health or the safe handling subsection would be at issue during the hearing before the trial court."
$130,000 Attorney Fee in Pomona College's Denial of Due Process
The California Court of Appeal upheld the fee, awarded to a student who had been accused of sexual misconduct.
States Are Depriving Innocent People of Their Second Amendment Rights
"Red flag" laws leave gun owners defenseless.
A Florida Retiree's Uncut Lawn May Cost Him His House
Jim Ficken was fined $29,000 for violations of his town's tall grass ordinance.
This Awful House Bill Would Promote Gun Confiscation Without Due Process
The bill would make the criteria for federal grants loose enough to accommodate even the worst "red flag" laws.
Trump Mulls Orwellian Proposal to Stop Mass Shootings by Monitoring 'Mentally Ill People' for Signs of Imminent Violence
The program would try to develop a surveillance system based on predictive tests that don't exist.
The FBI's Infamous List of 'Known Terrorists' Is Ruled Unconstitutional
Plus: millennials are buying homes after all, protecting Pinterest from anti-vaxxers, and more...
Federal Court Rules State Judges Cannot Profit From Fines and Fees Imposed on Defendants in the Cases Before Them
If the court that hears the cases stands to profit from the fines paid by defendants, that's a violation of the Due Process Clause of the Constitution. The rulings have potential implications for other, similar conflicts of interest in the criminal justice system.
New Orleans Magistrates Get a Cut of Fines and Bail Money, and That's a Problem
Two federal court rulings cite a significant conflict of interest.
New York's New 'Red Flag' Law Illustrates the Due Process Problems Posed by Gun Confiscation Orders
When it comes to deciding who should keep their Second Amendment rights, the deck is stacked against gun owners.
