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...

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 ...

One-size-fits-all procedural safeguards are becoming increasingly suspect under the Due Process Clause. Although the precise requirements of due process vary from context to context, the Supreme Court has held that, within any particular context, the Due Process Clause merely requires one-size-fits-all procedures that are designed according to the needs of the average or typical person using th...