Tenure and Due Process

Habeas Corpus and Due Process

The writ of habeas corpus and the right to due process have long been linked together, but their relationship has never been more unsettled or important. Following the September 11, 2001 attacks, the United States detained hundreds of suspected terrorists who later brought legal challenges using the writ. In the first of the landmark Supreme Court cases addressing those detentions, Hamdi v. Rum...

Due Process and Public Health

33 Wendy E. Parmet Almost 800 years ago, King John at the Battle of Runnymede signed the Magna Carta. The Magna Carta promised among other things that, “No free man shall be taken or imprisoned or disseised or outlawed or exiled or in any way ruined...except by the lawful judgment of his peers or by the law of the land.” That last clause, “the law of the land” clause, came down over the centuri...

Promotion and tenure.

Due process traditionalism.

In important cases, the Supreme Court has limited the scope of "substantive due process" by reference to tradition, but it has yet to explain why it has done so. Due process traditionalism might be defended in several distinctive ways. The most ambitious defense draws on a set of ideas associated with Edmund Burke and Friedrich Hayek, who suggested that traditions have special credentials by vi...

Conceiving Due Process

essence of the duty to take care, but by trying to understand what taking care means in particular settings. 3 27 When we contemplate the multiplicity of government-citizen interactions, we would not see chaos threatening to overwhelm legal order and stability unless reduced to a finite and predictable set of categories. Instead, we would see in each situation an opportunity to observe, and to ...