Topic
Substantive Due Process
Posts
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CommentaryVol. 103 · Iss. 2
Whose Children?
Recent debates surrounding transgender children and the rights of their parents reveal a troubling development. When addressing state restrictions on vital medical care for…
William J. Aceves -
ArticleVol. 102 · Iss. 6
History, Tradition, and the Franchise
Over the last several years, Fourteenth Amendment jurisprudence in the Supreme Court has undergone a dramatic shift. Once the doctrinal bedrock for unenumerated rights,…
Brandon J. Johnson -
NoteVol. 102 · Iss. 5
Varying Scrutiny and Constitutional Incompatibility in New York Mortgage Law
Home ownership is inextricably tied with the fulfillment of the American Dream. Reaching this lofty goal entails a tantamount commitment: Mortgages are on average…
David Dill -
CommentaryVol. 102 · Iss. 5
Grants Pass and the Pathology of the Criminal Law
Last Term, the Supreme Court held that cities may, consistent with the Eighth Amendment, criminalize sleeping in public, even for people who have no…
Ben A. McJunkin -
ArticleVol. 102 · Iss. 3
A Constitutional False Claims Act
The False Claims Act (FCA) represents one of the most important sources, if not the most important source, of liability in the healthcare system…
Benjamin J. McMichael, Mackenzi Barrett & W. Kip Viscusi -
ArticleVol. 101 · Iss. 2
Legal Ableism: A Systematic Review of State Termination of Parental Rights Laws
Although the fundamental right to raise a family is among our most cherished, it is not equally afforded to everyone. Indeed, the United States…
Robyn M. Powell -
ArticleVol. 99 · Iss. 6
Antiabortion Civil Remedies and Unwed Fatherhood as Genetic Entitlement
Antiabortion civil remedy laws in effect in five states grant putative fathers the right to sue abortion providers for wrongful death regardless of their…
Yvonne Lindgren -
ArticleVol. 99 · Iss. 6
Legitimizing Illegitimacy in Constitutional Law
The traditional constitutional law course is a staple of the first-year law school curriculum and a gateway to more advanced public law courses. In…
Melissa Murray -
ArticleVol. 99 · Iss. 2
A Reign of Error: Property Rights and Stare Decisis
ABSTRACT Mistakes matter in law, even the smallest ones. What would happen if a small but substantively meaningful typographical error appeared in the earliest…
Michael Allan Wolf -
NoteVol. 87 · Iss. 3
Left Behind, and Then Pushed Out: Charting a Jurisprudential Framework to Remedy Illegal Student Exclusions
As the United States embarks on its first year with an African American President, African American and Latino students in many of our major…
Davin Rosborough -
NoteVol. 88 · Iss. 5
How the Professional Judgment Standard Could Undermine the Validity of Sexually Violent Predator Laws
The Article presents common features of the statutory schemes for the involuntary dedication of sexually violent predators in the U.S. in 2011. It examines…
David W. Nordsieck -
NoteVol. 88 · Iss. 3
From Preservative to Transformative: Squaring Socioeconomic Rights with Liberty and the American Constitutional Framework
The U.S. Constitution is not designed to create legally enforceable socioeconomic rights. Despite growing consensus about the normative importance of judicial consideration of socioeconomic…
Micah Zeller