Constructing Basic Liberties

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

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
Author: Franco Ferrari
Publisher: Kluwer Law International B.V.
Total Pages: 471
Release: 2020-09-25
Genre: Law
ISBN: 9403519754

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
Author: Scott Pratt
Publisher:
Total Pages:
Release: 2021-05-19
Genre:
ISBN: 9781944083175

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

Due Process and Victims' Rights

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

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.

Procedural Due Process

Procedural Due Process
Author: Rhonda Wasserman
Publisher: Bloomsbury Publishing USA
Total Pages: 395
Release: 2004-10-30
Genre: Law
ISBN: 0313027765

This book gathers, synthesizes and analyzes case law in a variety of substantive contexts, including public employment, prison administration, and government benefits. It places current case law into historical context, serving as a reference guide for students, practitioners, judges and scholars interested in procedural due process. The author addresses the central requirements of notice and the opportunity to be heard as well as the day in court ideal. It also examines the protection due process affords against litigation in a distant forum with which the defendant has no connection.

Legal Architecture

Legal Architecture
Author: Linda Mulcahy
Publisher: Routledge
Total Pages: 221
Release: 2010-12-16
Genre: Architecture
ISBN: 1136862196

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.

Due Process of Lawmaking

Due Process of Lawmaking
Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
Total Pages: 309
Release: 2015-01-22
Genre: Law
ISBN: 1316194744

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.

The Arc of Due Process in American Constitutional Law

The Arc of Due Process in American Constitutional Law
Author: E. Thomas Sullivan
Publisher: Oxford University Press
Total Pages: 264
Release: 2013-03-27
Genre: Law
ISBN: 0199990816

Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

Without Due Process

Without Due Process
Author: J. A. Jance
Publisher: Harper Collins
Total Pages: 426
Release: 2009-10-13
Genre: Fiction
ISBN: 0061760935

A spellbinding story of lies, betrayal, and multiple murder featuring Seattle detective J.P. Beaumont. What kind of monster would break into a man’s home at night, then slaughter him and his family? The fact that the dead man was a model cop who was loved and respected by all only intensifies the horror. But the killer missed someone: a five-year-old boy who was hiding in the closet. Now word is being leaked out that the victim was “dirty.” But Seattle P.D. Homicide Detective J.P. Beaumont isn’t about to let anyone drag a murdered friend’s reputation through the muck. And he’ll put his own life on the firing line on the gang-ruled streets to save a terrified child who knows too much to live.

Due Process

Due Process
Author: Matt Bougie
Publisher: Cavendish Square Publishing, LLC
Total Pages: 34
Release: 2017-12-15
Genre: Juvenile Nonfiction
ISBN: 1502631849

In society, there are ways to ensure people are protected under the law. This is through a method called due process. Readers will learn how due process functions in the government today, how the Constitution strives to protect this process and protect people from unfair laws, and how the process can be applied to everyday situations.