Procedural Due Process Liberty Interests

Procedural Due Process under the Australian Constitution

Early attempts to establish a constitutional procedural due process principle have relied upon the separation of judicial power and operated within the doctrinal framework provided by R v Kirby; Ex parte Boilermakers’ Society of Australia.1 Such attempts focused on developing a concept of ‘judicial power’ that included a minimum standard of procedural fairness. Although this conception was adop...

Procedural Rights in the Juvenile Court: Incorporation or Due Process?

A Scarlet Letter: Do the Exclusion Archives on SAM.gov Violate Contractors’ Liberty Interests?

BY DAVID B. ROBBINS, JASON M. CRAWFORD AND LAURA J. MITCHELL BAKER I n recent years, the legislative branch has repeatedly criticized the government’s procurement databases, which one subcommittee chair described as ‘‘shockingly old’’ and ‘‘clunky.’’ Even if these databases are not especially user-friendly, they do contain substantial information that is valuable to contracting officers as they...

The Origins of Due Process in India: The Role of Borrowing in Personal Liberty and Preventive Detention Cases

Interstate Recognition of Parent-Child Relationships: The Limits of the State Interests Paradigm and the Role of Due Process

How secure are the legal relationships between gay or lesbian parents and their children when those families move from one state to another? This question is only beginning to get serious attention from courts and commentators. Questions surrounding the interstate recognition of same-sex marriages have been the subject of voluminous commentary for more than a decade. But what happens when a non...