Penn State pedophilia

[calicoug]

I'm sorry. I guess I could have linked the law review piece I wrote on the distinctions among the federal and states' due process jurisprudence, but that seemed tacky.

Not at all. In fact I would be interested to read it. But I'm still not understanding what you meant about assuming all due process claims are US Constitution claims- even moreso after your law review revelation.

Maybe I'm just tired.

[UtahDan]

I'm sorry. I guess I could have linked the law review piece I wrote on the distinctions among the federal and states' due process jurisprudence, but that seemed tacky.

Looks like tacky was just barreling down the tracks at you on this one. Sometimes there is no getting out of the way.

[calicoug]

Cali, what are the NCAA due process requirements? You keep referencing them.

Looks like Article 32 has most of it if you are interested.

[Levin]

I'm sorry. I guess I could have linked the law review piece I wrote on the distinctions among the federal and states' due process jurisprudence, but that seemed tacky.

That's okay, this already broke the tacky barrier so you might as well share.

[SeattleUte]

Here's the way I understand procedural due process works:

1) Where (state or federal) government seeks to abridge an individual liberty, as where an individual is charged with a crime, or where the government wants to take his property, he is entitled under the federal and state constitutions to "due process" before being deprived of such liberty; state constitutions can grant more but not less due process than is required by federal con law.

2) Where there is relief available at law or equity in a civil case the litigants are entitled under the federal an state constitutions to "due process"; state constitutions can grant more but not less process than is required by federal con law.

3) Sometimes but not always "due process" requires government to provide for a process for determining rights and remedies; for example, where property interests are implicated by government regulation, eminent domain, etc.

4) Regardless of whether or not required, where any government agency or other government entity establishes a process for determining rights and remedies, the "due process" under the federal an state constitutions to which such parties are entitled is the predetermined process (subject to challenge in state or federal court as satisfying due process).

5) "Due process" is a term of art that never applies to private (as opposed to government) institutions.

6) Where a private entity establishes a process for determining rights and remedies, failure to follow those would be a breach of contract, or sometimes a violation of a civil statute as with employment laws, not a violation of the constitution.

7) As stated, "due process" rights under state or federal consitutions are usually co-extensive; if anything states grant more but never less process under their own than federal constitutions.

[calicoug]

Here's the way I understand procedural due process works:

1) Where (state or federal) government seeks to abridge an individual liberty, as where an individual is charged with a crime, or where the government wants to take his property, he is entitled under the federal and state constitutions to "due process" before being deprived of such liberty; state constitutions can grant more but not less due process than is required by federal con law.

2) Where there is relief available at law or equity in a civil case the litigants are entitled under the federal an state constitutions to "due process"; state constitutions can grant more but not less process than is required by federal con law.

3) Sometimes but not always "due process" requires government to provide for a process for determining rights and remedies; for example, where property interests are implicated by government regulation, eminent domain, etc.

4) Regardless of whether or not required, where any government agency or other government entity establishes a process for determining rights and remedies, the "due process" under the federal an state constitutions to which such parties are entitled is the predetermined process (subject to challenge in state or federal court as satisfying due process).

5) "Due process" is a term of art that never applies to private (as opposed to government) institutions.

6) Where a private entity establishes a process for determining rights and remedies, failure to follow those would be a breach of contract, or sometimes a violation of a civil statute as with employment laws, not a violation of the constitution.

7) As stated, "due process" rights under state or federal consitutions are usually co-extensive; if anything states grant more but never less process under their own than federal constitutions.

I'd agree with all of those other than 5. But if it is clearer substitute "fair" for "due". Same analysis.

[Babs]

Looks like tacky was just barreling down the tracks at you on this one. Sometimes there is no getting out of the way.

Indeed. And you would certainly be the expert on tacky.

[Babs]

Not at all. In fact I would be interested to read it. But I'm still not understanding what you meant about assuming all due process claims are US Constitution claims- even moreso after your law review revelation.

Maybe I'm just tired.

Maybe so. I will PM the link later tonight.

[Jeff Lebowski]

Is this what law school is like?

[UtahDan]

Indeed. And you would certainly be the expert on tacky.

Guilty as charged. That is a nice achievement though, seriously (your article, not my tackiness expertise).

[Babs]

Is this what law school is like?

Heck, no. This is way better!

[SeattleUte]

I'd agree with all of those other than 5. But if it is clearer substitute "fair" for "due". Same analysis.

yes, I think you'd better substitute "fair" for "due" if talking about a private institution, as "due process" is a term of art that so universally connotes limitations on government actions.

[LA Ute]

yes, I think you'd better substitute "fair" for "due" if talking about a private institution, as "due process" is a term of art that so universally connotes limitations on government actions.

FWIW, in California the common law analog to due process is called fair procedure. We have a big body of law on it.

[Commando]

Is this what law school is like?

Absolutely. Now you see why freecell and minesweeper get such a workout.

[calicoug]

yes, I think you'd better substitute "fair" for "due" if talking about a private institution, as "due process" is a term of art that so universally connotes limitations on government actions.

So ordered.