1. Why does Shira Scheindlin argue that due process rights for men like Rob Porter have not been violated?
When it comes to losing a job, accusations are evaluated by the employer and there is nothing wrong with that. These people have not lost due process, a process of charges, proof, and judicial decision in a case of life or liberty.
2. How does she describe the steps in the process when a legal action is brought against a person?
Pretrial discovery, witnesses, judicial proceeding. If a person feels wronged, he can bring a case in court where he would have to show that he was wrongfully terminated.
3. What "two prongs" of due process does Andrea Curcio identify?
The government can't charge you with a crime or take other action against you without notifying you of the charges or proposed action. You must be given the opportunity to present your side of the story to a neutral fact-finder before action is taken.
4. How does due process impact the person accused of a crime?
Due process doesn't mean you have to be believed it just means that you have the right to be heard. So when you are accused of a crime, there is no law saying that as a result of your actions you can't be fired.
5. What does Alexandra Lahav say is the role of a journalist in terms of due process?
A journalist is supposed to hear both sides and seek confirmation from them and solicit a response from the accused.
6. How does Michael Meltsner argue that due process is different as a legal process and a cultural process?
It evokes the right of an individual to be heard before the imposition of punishment or penalties by the government.
7. How does Jonathan Turley describe the way that Roy Moore used the term "due process"?
Roy Moore used due process as a way of avoiding a question of serious misconduct.
8. What does Sergio Campos say that the Court has required of the government because of the due process clause?
They look at the government's interest, including the function involved and fiscal and administrative burdens that the additional procedural requirement would entail.
9. How does Jay Tidmarsh describe the difference between substantive due process and procedural due process?
Procedural due process requires the government to observe certain procedural protections before depriviing a person of life, liberty, or property. He described substantive due process with Roe v Wade: when a judge is labeled activist, we assume he believes in a broader rendering of substantive due process rights.
