The Arc of Due Process in American Constitutional Law

The Arc of Due Process in American Constitutional Law
Title The Arc of Due Process in American Constitutional Law PDF eBook
Author E. Thomas Sullivan
Publisher Oxford University Press
Pages 264
Release 2013-07-04
Genre Law
ISBN 0199990808

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In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.

Constructing Basic Liberties

Constructing Basic Liberties
Title Constructing Basic Liberties PDF eBook
Author James E. Fleming
Publisher University of Chicago Press
Pages 285
Release 2022-08-30
Genre Law
ISBN 0226821412

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A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.

Due Process as a Limit to Discretion in International Commercial Arbitration

Due Process as a Limit to Discretion in International Commercial Arbitration
Title Due Process as a Limit to Discretion in International Commercial Arbitration PDF eBook
Author Franco Ferrari
Publisher Kluwer Law International B.V.
Pages 471
Release 2020-09-25
Genre Law
ISBN 9403519754

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The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

Due Process

Due Process
Title Due Process PDF eBook
Author Scott Pratt
Publisher
Pages
Release 2021-05-19
Genre
ISBN 9781944083175

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An Amazon Top 20 bestseller.***Each Joe Dillard novel can be read as a standalone.***A young exotic dancer claims she was sexually assaulted at a party thrown by a university football team.Three players stand accused.In the ninth installment of the best-selling Joe Dillard series, Dillard finds himself defending one of the players accused of assaulting the young woman. The case receives national attention, quickly escalating into a platform for deep-seeded division and hatred. It also ensnares Dillard, along with his son, Jack, and Charleston Story into a web of lies and deceit spun by a mysterious figure with a hidden agenda.Meanwhile, his wife, Caroline, continues her fight against metastatic breast cancer, and his sister, Sarah, comes back into the picture. Culminating in a courtroom scene worthy of Perry Mason, Dillard must take on one of the most difficult cases of his career. Will justice prevail? Or will the weight of the criminal justice system grind Joe and his client to dust?"Pratt's richly developed characters are vivid and believable, especially the strong Southern women who fight their male-dominated culture from behind a facade of vulnerability." -Publishers Weekly

The Due Process of Law

The Due Process of Law
Title The Due Process of Law PDF eBook
Author Alfred Thompson Denning Baron Denning
Publisher Butterworth-Heinemann
Pages 263
Release 1980-01-01
Genre Due process of law
ISBN 9780406176073

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Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.

Due Process and Victims' Rights

Due Process and Victims' Rights
Title Due Process and Victims' Rights PDF eBook
Author Kent Roach
Publisher University of Toronto Press
Pages 414
Release 1999-01-01
Genre Philosophy
ISBN 9780802009319

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A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.

Legal Architecture

Legal Architecture
Title Legal Architecture PDF eBook
Author Linda Mulcahy
Publisher Routledge
Pages 221
Release 2010-12-16
Genre Architecture
ISBN 1136862196

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Legal Architecture addresses how the environment in which the trial takes place can be seen as a physical expression of our relationship with ideals of justice; as it approaches the history of courthouse design as a reflection of the troubled history of notions of due process.