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28 Mar 2011, 5:53 am
., Joanne Eldridge, County Sheriffs in Colorado: Beyond the Myth, 38 Colorado Lawyer 19 (February 2009). [read post]
1 May 2019, 6:46 am
Eldridge, 414 U.S. 319 (1976) (The court must examine whether a property or liberty interested in infringed by state action; if so, the court must weigh the risk of erroneous deprivation of the interest through the procedures used and the probable value, if any, of additional procedural safeguards. [read post]
1 Mar 2023, 5:13 pm
Eldridge opined that “It is ordinarily within the discretion of the trial court to weigh relevance against any unfair prejudice which might arise from the admission of the photographs. [read post]
13 Feb 2020, 6:00 am
When, if ever, must the federal court door be open to an asylum-seeker facing expedited removal who claims that the government violated his statutory, regulatory and constitutional rights? [read post]
31 Jan 2013, 7:46 am
By Daniel RichardsonIn re Joint Petition of Green Mountain Power Corp., 2012 VT 89.Today’s case is one of the first in what will likely be a series of cases sparked by the spate of wind turbine construction throughout Vermont by various utilities and private companies. [read post]
11 Mar 2024, 6:30 am
In any event, those who shared the views of, say, Eldridge Gerry that the nascent United States in 1787 was plagued by an excess of democracy might be pleased with the way things have worked out. [read post]
23 Feb 2018, 10:00 am
Eldridge, which requires the balancing of three factors: (1) the private interest to be affected by the official action; (2) the risk of erroneous deprivation of that interest through the procedures used; and (3) the government’s interest, including fiscal and administrative burdens that additional or substitute procedures would entail. [read post]
22 Jun 2021, 6:30 am
Eldridge stated, the record “cannot be changed on the authority of anybody. [read post]
25 May 2021, 5:01 am
On April 23, the U.S. [read post]
6 Feb 2019, 7:30 pm
On Jan. 15, the U.S. [read post]
17 Jul 2014, 3:00 pm
Eldridge three-factor balancing test, requiring the consideration of: the private interest that is affected by government action; the risk of an “erroneous deprivation” of that interest through the procedure, and the probable value of additional/replacement procedural safeguards; and the government’s interest and the burdens of additional/alternative procedures. [read post]
25 Mar 2010, 6:29 am
Eldridge, 424 U.S. 319, 335 (1976). [read post]
22 Oct 2011, 8:01 pm
Eldridge for procedural due process claims: As relevant here those factors include (1) the nature of “the private interest that will be affected,” (2) the comparative “risk” of an “erroneous deprivation” of that interest with and without “additional or substitute procedural safeguards,” and (3) the nature and magnitude of any countervailing interest in not providing “additional or substitute procedural requirement[s]. [read post]
6 Feb 2017, 12:44 pm
Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976). [read post]
28 Oct 2009, 6:17 am
Judge Raker, joined by Chief Judge Bell and Judge Eldridge, dissented that this holding was not supported by principles of statutory construction or case law and that this new law was more confusing than clarifying to trial judges (a concern expressed by many Maryland malpractice lawyers after this opinion was issued). [read post]
27 Jun 2011, 4:30 am
Eldridge, 424 U.S. 319, 335 (1976), suggests another: (4) fiscal and administrative burdens on the government if it must provide counsel at public expense. [read post]
28 Oct 2009, 6:17 am
Judge Raker, joined by Chief Judge Bell and Judge Eldridge, dissented that this holding was not supported by principles of statutory construction or case law and that this new law was more confusing than clarifying to trial judges (a concern expressed by many Maryland malpractice lawyers after this opinion was issued). [read post]
16 Mar 2021, 1:06 pm
This post summarizes criminal decisions released by the North Carolina Supreme Court on Friday, March 12, 2021. (1) Children’s statements to social worker were admissible under Rules 804(3) and 804(24) and their exclusion was prejudicial error; (2) Objections to blood-splatter evidence were preserved; (3) Evidence that defendant Martens overheard his daughter yell, “don’t hurt my dad” was alternatively not hearsay or admissible as an excited utterance and the trial court… [read post]
8 Nov 2016, 9:23 am
Eldridge, that due process is a “flexible concept,” and that the process due depends in substantial part on the severity of the penalty imposed. [read post]
26 Oct 2023, 8:27 am
Eldridge, which looks at the private interest involved; the risk that the individual will be wrongly deprived of that interest under the existing procedure, as well as the value of additional procedures to safeguard against the loss of the interest; and the government’s interest. [read post]
