The Energy Policy Act of 2005 radically increased the potential penalties for alleged violations of the statutes administered by the Federal Energy Regulatory Commission and prompted a sea-change in the agency's enforcement techniques and procedures. This increased exposure to the regulated community was not, however, accompanied by a corresponding attention to due process concerns as FERC vigorously exercised its newly expanded authority. Indeed, many of these due process issues, including the most serious ones, were not readily identifiable until the Commission was compelled to litigate its allegations in trial-type hearings by enforcement targets who chose to fight, rather than submit to the agency's charges. This article summarizes the lessons learned from the first litigated FERC e...
Floyd Abrams, considered by many to be the nation's pre-eminent media and constitutional law attorney, will be the keynote speaker when the Bar Association of Erie County honors six during its Law Day awards luncheon April 28 in the Hyatt Regency Buffalo. Abrams, based in New York, has developed a national reputation in media and due-process cases over the past four decades, bar President Scott M. Schwartz said.
Trial court improperly sua sponte opened new case and without notice or opportunity to be heard entered an order prohibiting landlord from filing any documents in any cases even with costs advanced until they paid clerk for alleged delinquent costs in prior unrelated cases; Procedural due process and access to the courts violations.
§ 17.1 Foundations of . § 17.1.1 The Nature and Basis of . § 17.1.2 During the Original Natural Law Era: 1789-1873. § 17.1.2.1 Marbury v. Madison versus the Tripartite Theory of . § 17.1.2.2 Martin v. Hunter's Lessee and Federal Court Supremacy. § 17.1.3.1 During the Formalist Era: 1873-1937. § 17.1.3.2 During the Holmesian Era: 1937-1954. § 17.1.3.3 During the Instrumentalist Era: 1954-1986. § 17.1.3.4 During the Modern Natural Law Era: 1986-Today. § 17.1.4 Evaluation of . § 17.2 The Jurisdiction of the Federal Courts. § 17.2.1 Federal Jurisdiction: What Article III Provides. § 17.2.2 Types of Cases for Which Federal Jurisdiction Exists. § 17.2.2.1...
... as violations of the 14 th Amendment Due Process Clause or the Commerce Clause. 33 As discussed at...
Judges who acted in the prosecution of defendants in previous situations should automatically recuse themselves to preserve notions of due process and fairness. Judges' previous participation also could have occurred during prosecutorial positions or in dealings with the media. Such situations in 1998 remained unrecognized by the criminal justice system and recusal should be based on criteria similar to when judges have a direct financial interest in decisions.
§ 27.1 Introduction to Substantive Due Process Doctrine: § 27.1.1 Introduction to Fundamental Rights Doctrine. § 27.1.2 Non-Fundamental Rights Doctrine: § 27.1.2.1 Economic and Social Legislation under the Due Process Clause. § 27.1.2.2 The Birth, Life, and Death of the Irrebuttable Presumption Doctrine. § 27.1.2.3 Unconstitutional Conditions Doctrine. § 27.1.2.4 Unconstitutionality of Excessive Punitive Damages Awards. § 27.2 Enumerated Fundamental Rights Under Substantive Due Process: § 27.2.1 The Original Natural Law Era. § 27.2.2 The Formalist Era. § 27.2.3 The Holmesian Era. § 27.2.4 The Instrumentalist Era. § 27.2.5 The Modern Natural Law Era: § 27.2.5.1 Selective Incorporation and the Modern Natural Law Era. § 27.2.5.2 Non-Bill of Rights "Enumerated" Fundamental Rights and the Mo...
... interpretation in the Slaughter-House Cases in 1873. Since 1876, the Court has provided this ...
My organization believes agencies like the Utah Department of Children and Family Services take away too many children. We believe changes should be made in state law. We believe the current administration at DCFS means well, but good intentions are no substitute for due process. But the bills proposed in the wake of the Parker Jensen case were disappointing. Even more disappointing, however, was the campaign of fear and smear used to target anyone who dared suggest that the power of DCFS be curbed in any way.
The Developing Law Of Punitive Damages. A. The Early Cases. B. The Due Process Guideposts. II. Fair Notice and the Threshold Question of Liability. A. Vagueness. B. Common Law. C. Objective Reasonableness.
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