All Articles tagged procedural

• Justice Commentaries
  August 16, 2023 EDT
  THE DANGERS OF ICE’S UNCHECKED REARREST POWER
  Talia Peleg

  This article is the first to examine rearrest before an adult non-citizen has been ordered removed or potentially even found to be removable.

• General
  September 23, 2022 EDT
  Due Process and the Pretrial Detention Provisions of the Federal Criminal Code Reform Bill of 1981
  Terry O'Neill

  An analysis of section 3502 of the Criminal Code Reform Bill of 1981 and discussion of pretrial detention hearings and procedural due process requirements.

• General
  January 17, 2020 EDT
  UNJUST TIMING LIMITATIONS IN GENETIC MALPRACTICE CASES
  Gary MarchantBonnie LeRoyLauren ClatchEllen Wright Clayton

  There is a growing tension between an injured plaintiff’s right to seek legal recourse against a providers’ interest in preventing open-ended liability based on evidence that may be stale.

• State Constitutional Commentary
  September 13, 2019 EDT
  EVALUATING JUDICIAL STANDARDS OF CONDUCT IN THE CURRENT POLITICAL AND SOCIAL CLIMATE: THE NEED TO STRENGTHEN IMPROPRIETY STANDARDS AND REMOVAL REMEDIES TO INCLUDE PROCEDURAL JUSTICE AND COMMUNITY HARM
  Joshua E. Kastenberg

  This article presents an examination of the current common frameworks shared by the states for addressing judicial conduct appealing to popular social and political influences.

• General
  January 01, 2018 EDT
  FREE SPEECH ORIGINALISM
  Tyler Broker

  If an evidence-based, procedural test of the effects of speech was applied in accordance with its original intent, speech would be more broadly and deeply protected.

• Justice Commentaries
  November 08, 2017 EDT
  ENFORCING RIGHTS FORIMMIGRANTS FACING THE ULTIMATE CRIMINAL PENALTY: DEPORTATION
  Kelly Anderson

  This article argues that deportation should be considered an "ultimate punishment," and therefore treated with an eye toward the same policy that underlies the constitutionality of the death penalty.

• General
  June 10, 2016 EDT
  THE PATH TO EXONERATION
  Jon B. GouldRichard A. Leo

  The first systematic empirical study of how the American criminal justice system discovers and responds to factual error based on actual innocence.

• General
  March 23, 2015 EDT
  TRIBUTE TO DAVID D. SIEGEL
  Thomas F. Gleason

  Tribute to David Siegel.

• General
  March 23, 2015 EDT
  THE KING OF NEW YORK PRACTICE
  Patrick M. Connors

  Trbute to David Siegel.

• Justice Commentaries
  October 16, 2014 EDT
  COMPARING INJUSTICES: TRUTH, JUSTICE, AND THE SYSTEM
  Ralph Grunewald

  This article examines the gap between the German criminal justice system in theory and how it works in reality, using the Rupp case as an example.

• General
  January 01, 2013 EDT
  BOOK REVIEW: BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, THIRD EDITION (ROBERT L. HAIG, EDITOR-IN-CHIEF)
  Randolph F. Treece

  Book review of Business and Commercial Litigation in Federal Courts.

• Justice Commentaries
  May 05, 2012 EDT
  CIVIL DISOBEDIENCE IN THE SUPREME COURT: RETROACTIVITY AND THE COMPROMISE BETWEEN FORMAL AND SUBSTANTIVE JUSTICE
  Nicholas Faso

  This article demonstrates that the Supreme Court subordinates the role of formal justice to achieve the substantive goal of punishing wrongdoers.

• New York Appeals
  March 03, 2012 EDT
  ALL IS NOT FORGIVEN—THE APPLICATION OF CPLR 2001 TO MENDON PONDS DEFECTS
  Peter McGowan

  This Article reviews courts‘ application of CPLR 2001, as amended, in the context of commencement time errors, which may occur when filing an action or when serving process.