Antinarcotic Testing in California: Of Substantive Due Process

Substantive due process after Gonzales v. Carhart.

This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Article goes on to consider whether ...

Reining in Abuses of Executive Power through Substantive Due Process

Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforce...

Reevaluating substantive due process as a source of protection for psychiatric patients to refuse drugs.

My medical regimen during my hospital stays usually didn't consist of much more than doses of drugs—usually Thorazine. When I took the prescribed amount, I was usually out of Bellevue in three or four days. But I hated the effect of the drug. It was like putting my head in a vise; it cut off the free flow of ideas; it stifled imagination; it literally killed inspiration.

Is state power to protect health compatible with substantive due process rights?

Public health laws may mandate drastic limitations on individual liberty, such as forced medication and quarantine. This results in a tension between public health laws and guarantees of liberty such as the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The Supreme Court has resolved this tension in favor of one or the other of these legal principl...

CONSTITUTIONAL LAW—DUE PROCESS—THE PROPERTY INTEREST IN A TENURED PROFESSORSHIP WITH A STATE UNIVERSITY IS NOT ENTITLED TO SUBSTANTIVE DUE PROCESS PROTECTION—Nicholas v. Pennsylvania State