Social Media Ideas for Substantive Due Process

On the Importance of First Principles

In his abstruse “Substantive Due Process Is Still Antidemocratic,” the Manhattan Institute’s Tal Fortgang critiques a California Law Review essay from two Yale Law denizens, Dougla...

Will the court consider due process rights for detained migrants?

The Constitution’s due process clause famously limits the government’s power to detain people. Next month the Supreme Court is scheduled to hear arguments in a case about the claus...

How A Hawaii Supreme Court Justice Just Took The US Supreme Court To Task For How Its Handling Due Process

Hawaii Supreme Court Justice Todd Eddins is not holding back when it comes to his thoughts on how the United States Supreme Court is handling due process.

Zoning – Party failed to show its due process rights were violated

Where an entity alleged its due process rights were violated during the zoning process, but it was provided notice and an opportunity to participate in the City Council‘s meeting,...

The “born free and equal” clauses and Lawrence v. Texas

This is the third of seven introductory articles on the relevance for constitutional law of the “born free and equal” clauses, which appeared in the Declaration of Independence and...

State Imperatives to Protect Civil Rights for All

States need independent agencies with jurisdiction to enforce their residents’ rights so the valuation of those rights are evenhanded and not subject to political will. The post S...

U Pittsburgh Denied Due Process to Professor as to Sexual Harassment Allegations

Some excerpts from Friday's longish decision by Judge Nora Barry Fischer (W.D. Pa.) in Bhattacharya v. Univ. of Pittsburgh: Plaintiff,… The post U Pittsburgh Denied Due Process to...

Doctrine of Proportionality: The Constitutional Limit on Excessive State Action

Explore how Indian courts apply the doctrine of proportionality to assess the validity of State action affecting fundamental rights and freedoms.

No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine

Numerous federal agencies possess statutory authority to obtain a wide range of sensitive information without advance judicial approval or probable cause of illegal activity. The p...

Three profound constitutional provisions – and how the Supreme Court has avoided dealing with them

Some provisions of the Constitution enjoy far more attention than others. At the Supreme Court, for example, it is a rare term that doesn’t have a case involving the First, Second,...

The court’s clearly established problem

If a person is convicted of a crime in state court, they can petition a federal court for relief by claiming that their conviction violates the federal constitution. However, the f...

There is no constitutional “right to privacy”

This is the second of five introductory articles on the relevance for U.S. constitutional law of the “born free and equal” clauses, which appeared in the Declaration of Independenc...

Slaughter ruling makes constitutional sense

Philip Hamburger explores the implications of a major recent US Supreme Court ruling. When Donald Trump fired a Joe Biden–appointed member of the Federal Trade Commission, Rebecca...

Supreme Court Debates Protective Placement Evidentiary Standards

A 4-3 decision elicited a concurrence and three dissents as the Wisconsin Supreme Court established the standard of review for protective placements – but the patient won't go home...

Supreme Court Takes Up Neglected Part of Constitution

SC corrects review error in murder case

Stresses due process, fair trial in cases involving life, liberty

Immigration – Immigration court violated man’s due process rights

Where the attorney for a man who was ordered removed from the United States repeatedly attempted to file a motion to reopen the removal proceedings, but the immigration court preve...

The trouble with rational basis review, part four

Note: This is the fourth in a series of research briefs discussing rational basis review, a judicial doctrine that shields economic regulations from constitutional challenges. Part...

The “born free and equal” clauses and same-sex marriage

This is the fourth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declarat...

Institutional Discretion, Due Process and the Common Heritage of Humankind: The First Provisional Measures Orders in NOR...

The first contentious proceedings ever brought before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (the Chamber) concern far more than a procedu...