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Case Studies

Substantive Due Process

Holding that state law governs substantive issues and federal law governs procedural issues Erie R. Co. v. Tompkins 304 U.S. 64 (1938) “The Due Process Clause, however, ‘does not transform every tort committed by a state actor into a constitutional…

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Case Studies

DOCTRINE OF ABUSE OF PROCESS AND THE RIGHT TO PROCEDURAL DUE PROCESS

The doctrine of abuse of process engages the inherent power of the court to prevent the misuse of its procedure in a way that would be manifestly unfair to a party to the litigation before it or would in some…

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Case Studies

EGREGIOUS GOVERNMENTAL ABUSES AND THE RIGHT TO SUBSTANTIVE DUE PROCESS

Due Process Clause of the Fourteenth Amendment, such as the “right to be heard in an impartial forum,” Great W. Mining & Mineral Co. v. Fox Rothschild LLP, 615 F.3d 159, 161 (3d Cir. 2010), and the “right of access…

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