reject any substantive due process
claim that falls under a more
The Court did not as much as cite Glucksberg, which seemed to set forth the governing analytical framework for substantive due process
18) Richard Posner has called substantive due process
a "durable oxymoron" whereunder "persons harmed by state regulation [may] complain that the regulation is so unreasonable a deprivation of life, liberty, or property that it is unconstitutional even if adopted and applied in conformity with the most rigorous procedural safeguards.
Otherwise, appellate orders granting fees unconditionally, when the issue of entitlement has not been decided at the trial court, will infringe on litigants' rights to procedural and substantive due process
society; and (2) the recognition of economic substantive due process
In the lower court case law, there is a general consensus that at some point after arrest and prior to trial, the Fourth Amendment's protections cease and substantive due process
principles begin to govern the treatment of pretrial detainees.
Applying this substantive due process
interest to the right to
I proceed in this Essay first by exploring how tradition is understood in some representative substantive due process
opinions at each end of the Court's ideological spectrum.
I have jokingly speculated to my students that substantive due process
may be merely the way the elites of any era impose their values through constitutional law.
Substantive due process
deprives the nation of the sober second thoughts that competitive federalism permits.
Mayer challenges many of the orthodox interpretations and offers new insights into substantive due process
As a libertarian student in law school, I am inundated both by the conservative obsession with rooting out judicial activism and by the widespread dogma that Lochner's economic substantive due process
was an abomination.