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The oxymoron reconsidered: myth and reality in the origins of substantive due process.
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The author discusses the controversy over the view that the US Constitution's due process clauses set substantive restraints on governmental power. The author investigates the evolution of substantive due process before the Civil War and argues that due process was fashioned in part to protect property owners, and that judicial decisions placing property in a subordinate constitutional category are historically unsound.
The view that the due process clauses of the Constitution impose substantive restraints on governmental power has long been a subject of contention. It has become an ...
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Substantive due process after Gonzales v. Carhart.
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; ...nnedy's views in particular on substantive due process. In Part II, the Article...the Glucksberg test for substantive due process decision making is correct...Glucksberg is right to confine substantive due process rights recognition to recognition...
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Land development, the Graham doctrine, and the extinction of economic substantive due process.(regulatory takings)
Magazine article from: University of Pennsylvania Law Review
; ...court, she brings instead a substantive due process claim in federal court...Comment concerns whether her substantive due process claim should lie. As government...new doctrinal weapons--substantive due process and regulatory takings...
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Tipping the balance in favor of justice: Due process and the thirteenth and nineteenth amendments in child removal from battered mothers
Magazine article from: Brigham Young University Law Review
; ...violated abused mothers' substantive due process rights by taking away their...that the city violated substantive due process by infringing on the fundamental...a Fourteenth Amendment substantive due process violation against the city...
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Due process traditionalism.
Magazine article from: Michigan Law Review
; ...the scope of substantive due process by reference...assessing due process questions...the reach of substantive due process by...reach of the Due Process Clause to...to bear on substantive due process questions...
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Demand for illegal impact fee not constitutional violation. (Due Process).
Newspaper article from: Land Use Law Report
; ...violation of the developer's substantive due process rights (United Artists...land-use decisions violate substantive due process if they are made with an...official is claimed to violate substantive due process, only the most egregious...
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Rethinking the Substantive Due Process Right to Privacy: Grounding Privacy in the Fourth Amendment
Magazine article from: Vanderbilt Law Review
; ...previously created doctrine, substantive due process.7 These decisions have...privacy right created by substantive due process to a privacy right grounded...Fourteenth Amendment's substantive due process right to privacy. It will...
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Driveway Barricade violated owner's due process rights.(Warren v. City of Athens, No. 03-3580)
Newspaper article from: Land Use Law Report
; ...protection, procedural due process and substantive due process. Essentially...analyzed the Warrens' substantive due process claim as involving a...the city violated their substantive due process rights. Procedural Due...
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Will, judgment, and economic liberty: Mr. Justice Souter and the mistranslation of the Due Process Clause.(Fidelity, Economic Liberty, and 1937)
Magazine article from: William and Mary Law Review
; ...accorded economic liberties in substantive due process decisions such as Adkins...amendment did not repudiate substantive due process as such, nothing about...Supreme Court has invoked substantive due process to protect certain personal...
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Determining ripeness of substantive due process claims brought by landowners against local governments.
Magazine article from: Michigan Law Review
; ...entities deprived them of substantive due process in violation of the Fourteenth...arbitrary and capricious substantive due process claim(4) - may in appropriate...clause,(7) the as-applied substantive due process claim can serve as an effective...
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Growing Pains: The Scope of Substantive Due Process Rights of Parents of Adult Children
Magazine article from: Vanderbilt Law Review
; ...have pursued independent substantive due process claims for violations of...the amorphous doctrine of substantive due process to these claims. The Due...largely in the name of substantive due process.8 The Court typically describes...
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