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The New Due Process: Rights And Remedies, Doug R. Rendleman Dec 2012

The New Due Process: Rights And Remedies, Doug R. Rendleman

Doug Rendleman

This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.


Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman Dec 2012

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Toward Due Process In Injunction Procedure, Doug R. Rendleman Dec 2012

Toward Due Process In Injunction Procedure, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman Dec 2012

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Analyzing The Debtor's Due Process Interest, Doug Rendleman Dec 2012

Analyzing The Debtor's Due Process Interest, Doug Rendleman

Doug Rendleman

No abstract provided.


Compensatory Contempt To Collect Money, Doug R. Rendleman Dec 2012

Compensatory Contempt To Collect Money, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman Dec 2012

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Doug Rendleman

No abstract provided.


Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock Dec 2012

Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock

Doug Rendleman

Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …