Rubin, Square Pegs and Round Holes: Substantive Due Process, Procedural Due Process
, and the Bill of Rights, 103 Colum.
current treatment of procedural due process
protections in the context
43) Having construed the operative statute, the court then turned to Geico's procedural due process
argument, reasoning, "retrial of plaintiff's damages at a first-party bad-faith trial, as Geico urges, is such bad policy that we do not glean even a hint of its existence in any case the Supreme Court has decided in this area.
This Part traces the evolution of the Supreme Court's approach to procedural due process
and the Court's attempts to answer key questions about the design of due process procedures.
As we shall see, that is often the story of the rights of undocumented migrants to be free from discrimination based on immigration status, to procedural due process
in immigration proceedings, and to territorial security.
See infra Part III (analyzing issues with procedural due process
and ambiguous FAPE terms under IDEA); see also Allan G.
LOUISIANA'S CHEMICAL CASTRATION STATUTE VIOLATES SUBSTANTIVE & PROCEDURAL DUE PROCESS
106) When the Supreme Court found itself divided over the rights of Guantanamo detainees three times in the next five years, Kennedy's viewpoint would determine the Court's ruling: aliens have a right to procedural due process
when detention becomes prolonged.
A procedural due process
inquiry for judicial takings claims would
Polouizzi, United States District Judge Jack Weinstein of the Eastern District of New York found that AWA's requirement of electronic monitoring was "unconstitutional as applied in the present case" because it "violates the constitutional prohibition on excessive bail and guarantee of procedural due process
as applied to this defendant at the present time.
Juvenile courts must now provide juvenile offenders with the right to notification of the charge, the right to representation by counsel, as well as numerous other procedural due process
Procedural due process
or the avoidance of arbitrary procedure, is the very foundation of democracy.