(3.) See Timothy Sandefur, In Defense of
Substantive Due Process, or the Promise of Lawful Rule, 35 Harv.
undocumented arrestees violated
substantive due process as a matter of
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.
Cohen, Note, How the Establishment Clause Can Influence
Substantive Due Process: Adultery Bans After Lawrence, 79 Fordham L.
Economic
substantive due process was, in large part, the driving
substantive due process: that some life, liberty, and property interests
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.
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.
So, too, the tendency to refer to "
substantive due process" or "the Due Process Clause" perpetuates confusion by leaving out the Clause's last two words, words that are crucial to understanding its importance: "due process of law." (11) The Framers used these words in the Fifth and Fourteenth Amendments for a reason--just as they used the word "due" for a reason.
Mayer also shows that the Court protected much more than "economic rights" when defending liberty of contract via
substantive due process. He demonstrates that decisions such as Pierce v.
For that reason, it is unduly oppressive and an unwarranted intrusion into the right to education of all Filipino students, thus, violating their right to
substantive due process,' they further stated.
Where a murder victim's mother contended that police officers failed to protect her daughter despite a domestic violence-related restraining order against the perpetrator, the action is dismissed without prejudice because the mother cannot show more than failure to arrest, and that does not implicate
substantive due process rights.
