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Criminal Law

: Durham-in-Wonderland

Due Process and Duke

By K.C. Johnson

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[Update, 5.43pm: Judge Smith's preliminary injunction is here.]Over at Minding the Campus, I write about Duke joining the list of universities facing a lawsuit for violating the due process rights of a student accused of sexual assault. The student, Lewis McLeod, was expelled under what appears to be dubious reasoning just before he graduated. (And a hat tip to Independent reporter John Tucker, who covered the hearing and provided a comprehensive report.)In a bold move, last yesterday afternoon Judge Osmond Smith (to whom the case was assigned) issued an injunction against Duke, preventing the university from expelling McLeod until a trial can be held. Smith acted on the basis that a trial would show that Duke had ?breached, violated, or otherwise deprived the plaintiff of material rights...continue to full post

Full post as published by Durham-in-Wonderland on May 30, 2014 (boomark / email).

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