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Due process

2012

Journal

Vanderbilt Law Review

Articles 1 - 3 of 3

Full-Text Articles in Law

Mass Torts And Due Process, Sergio J. Campos May 2012

Mass Torts And Due Process, Sergio J. Campos

Vanderbilt Law Review

As the old saying goes, hard cases make bad law. But hard cases also reveal the limits of legal doctrine. In this Article, I turn to a class of hard cases--mass torts--to rethink the law of procedural due process under the Due Process Clause. Mass torts have long perplexed courts and scholars. They include torts caused by asbestos and other toxic chemicals, pharmaceuticals, oil spills, and other mass-produced products and services. The plaintiffs not only suffer significant injuries, but the sheer number of plaintiffs, each with claims that raise unique fact and legal issues, stretch judicial resources to the limit. …


Eyewitnesses And Exclusion, Brandon L. Garrett Mar 2012

Eyewitnesses And Exclusion, Brandon L. Garrett

Vanderbilt Law Review

The dramatic moment when an eyewitness takes the stand and points to the defendant in the courtroom can be pivotal in a criminal trial. That piece of theater, however compelling to jurors, is staged: it is obvious where the defendant is sitting, and, importantly, the memory of the eyewitness should have been tested before trial using photo arrays or lineups. Such courtroom displays have been accepted for so long that their role in the U.S. Supreme Court's due process jurisprudence regulating eyewitness identifications has been neglected. The due process test that regulates tens of thousands of eyewitness identifications each year …


My Fellow Americans, We Are Going To Kill You: The Legality Of Targeting And Killing U.S. Citizens Abroad, Mike Dreyfuss Jan 2012

My Fellow Americans, We Are Going To Kill You: The Legality Of Targeting And Killing U.S. Citizens Abroad, Mike Dreyfuss

Vanderbilt Law Review

Silent and cold. At twenty thousand feet, the temperature is minus ten degrees Fahrenheit. At almost a thousand miles per hour, sound cannot keep up. Heat and noise struggle in the turbulence. Three miles away, seven thousand miles from American soil, an American citizen driving an empty road has ten seconds to live. As a leader in an organization actively engaged in armed conflict against the United States, this American citizen has become an enemy of the United States. In response to the threat he poses to his fellow Americans, his government added him to a kill list, targeted him, …