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5 Feb 2013, 3:44 pm by Steve Vladeck
Eldridge had curiously omitted the second prong of that test, i.e., “the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards. [read post]
31 May 2017, 7:30 am by MBettman
Eldridge, 424 U.S. 319 (1976) (procedural due process is satisfied after three factors have been met: first, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or… [read post]
25 Jan 2020, 3:45 pm by Eugene Volokh
Eldridge, although there is a "risk of an erroneous deprivation" in any case involving a "he said/she said" dispute, that risk was heightened by the procedures used here. [read post]
5 Dec 2019, 2:10 pm by John Rubin
Criminal contempt upheld for recording court proceedings in violation of courtroom policy and warnings not to do so; the judge was not required to recuse himself in hearing the contempt proceeding and had the authority to sentence the defendant to probation In re Eldridge, ___ N.C. [read post]
18 Jan 2024, 11:11 pm by Josh Blackman
[About 30 amicus briefs were filed to reverse the Colorado Supreme Court’s ruling that disqualified President Trump from the ballot.] [read post]
27 Feb 2024, 6:05 am by Katherine Yon Ebright
Former President Donald Trump has promised voters that, if re-elected, he would “immediately” invoke the Alien Enemies Act to effect mass deportations of non-citizens from Mexico. [read post]
24 Feb 2011, 1:49 pm by Bexis
As our readers certainly know, the learned intermediary rule holds that prescription medical product warnings are to be directed to prescribing physicians rather than to end user patients. [read post]
1 Jun 2015, 2:12 pm by Kraft Palmer Davies, PLLC
IN ADMIRALTY FINDINGS OF FACT AND CONCLUSIONS OF LAW RE EVIDENTIARY HEARING ON MAINTENANCE AND CURE This matter came on for an evidentiary hearing, before the Court, sitting without a jury, on May 14, 2015. [read post]
25 May 2019, 10:01 am by Eugene Volokh
The charges also involved some nonpolitical bad conduct in a dispute with court personnel (omitted from the excerpts below), and also out-of-court public advocacy for and against political candidates, which are also forbidden by Utah judicial ethics rules. [read post]
17 Sep 2021, 5:01 am by Jacob Pagano
In October 2018, Ana Ruth Hernandez-Lara, a non-U.S. citizen who fled El Salvador in 2013 and entered the U.S. without permission, appeared before an immigration judge at a discretionary bond hearing and requested bond pending her removal proceeding. [read post]
2 Jul 2020, 9:31 am by Amanda L. Tyler
On June 25, the Supreme Court issued its much-anticipated holding in Department of Homeland Security v. [read post]
13 Jan 2008, 1:23 pm
View the article hereTimothy Fortney1, Jill Levenson2, Yolanda Brannon3 & Juanita N. [read post]
15 Feb 2024, 3:33 pm by Marty Lederman
  As Derek Muller has explained, that practice appears to have begun in 1968, when California and New York refused to include the name of the 33-year-old Eldridge Cleaver to appear on their ballots for President (see Cleaver v. [read post]
20 Oct 2022, 4:00 am by Administrator
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]