LandMark Publications > Quotes

“At a basic level, procedural due process is essentially based on the concept of "fundamental fairness.”
― LandMark Publications, Due Process: Historic US Supreme Court Decisions

“When a debtor files a case to reorganize under Chapter 11, the debtor becomes the debtor-in-possession of the estate and takes on the rights, powers, and fiduciary duties of a trustee. Id. §§ 1101, 1106-1108; see also CFTC v. Weintraub, 471 U.S. 343, 355 (1985). In The Matter of Woerner, (5th Cir. 2015).”
― LandMark Publications, Bankruptcy

“FAPE available "to each qualified handicapped person who is in the recipient's jurisdiction. . . ." 34 C.F.R. § 104.33(a). An appropriate education includes "provision of regular or special education and related aids and services that . . . are designed to meet individual educational needs of handicapped persons.. . ." 34 C.F.R. § 104.33(b)(1). As long as the public schools make a FAPE available, they bear no obligation to pay for a child's education in a private school. 34 C.F.R. § 104.33(c)(4). DL v. Baltimore City Board Of School Commissioners, (2013) The court found that "[t]he plain language of the statute and the regulations does not make clear whether public schools are”
― LandMark Publications, Free Appropriate Public Education: IEPs and the IDEA

“Among those rights is the constitutional right to procedural due process, which has been broadly construed to protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived of "life, liberty, or property" without a fair opportunity to affect the judgment or result.”
― LandMark Publications, Due Process: Historic US Supreme Court Decisions

“For example, in 1934, the United States Supreme Court held that due process is violated "if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.”
― LandMark Publications, Due Process: Historic US Supreme Court Decisions

“individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.”
― LandMark Publications, Due Process: Historic US Supreme Court Decisions