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Book
xi, 116 p. ; 21 cm.
  • Introduction. Getting down to cases
  • Case I. Making a man a judge in his own case : procedural due process
  • Case II. Taking from A and giving to B : the ambiguous paradigm
  • Case II continued. Taking from A and giving to B : economic substantive due process
  • Case III. Taking from A : noneconomic substantive due process
  • Conclusion. Due process of law : procedure and substance.
Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follows and - in exceptional cases - what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process, " which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law, " as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understanding of an important and vexed question of Anglo-American law and constitutionalism. Tracing the evolution of substantive due process through paradigmatic and exemplary cases, Orth explains in understandable terms the sources of controversial judicial rulings like Roe v. Wade.
(source: Nielsen Book Data)9780700612413 20160528
Law Library (Crown)
Book
x, 210 p. ; 24 cm.
This text systematically examines all of the US Supreme Court's substantive due process cases from 1897 to 1937 and finds that they do not support long-held beliefs about the Lochner Court. The Court struck down far fewer laws on substantive due process grounds than is generally believed.
(source: Nielsen Book Data)9780275969301 20160528
Book
x, 210 p. ; 24 cm.
This text systematically examines all of the US Supreme Court's substantive due process cases from 1897 to 1937 and finds that they do not support long-held beliefs about the Lochner Court. The Court struck down far fewer laws on substantive due process grounds than is generally believed.
(source: Nielsen Book Data)9780275969301 20160528
Law Library (Crown)
Book
1 v. (various pagings) : ports. ; 28 cm.
Law Library (Crown)
Book
iii, 27 p. ; 28 cm.
Law Library (Crown)
Book
p. 195-255 ; 26 cm.
Law Library (Crown)
Book
xiii, 159 p. ; 23 cm.
Law Library (Crown)
Book
ix, 436 p. ; 24 cm.
Law Library (Crown)
Book
lxxxi, 702 p. ; 24 cm.
Law Library (Crown)
Book
p. 241-250 ; 27 cm.
galenet.galegroup.com for assistance ask at the Stanford Law Library reference desk.
Law Library (Crown)
Book
74 p. ; 22 cm.
  • 1. To the reader
  • 2. The scientific aspect of "due process of law" and constructive offenses
  • 3. Statutory uncertainty and "due process of law"
  • 4. The historical interpretation of "law"
  • 5. Statutory certainty required by modern decisions
  • 6. Some applications.
galenet.galegroup.com for assistance ask at the Stanford Law Library reference desk.
Law Library (Crown)
Book
x, 451 p. ; 24 cm.
www.heinonline.org for assistance ask at the Stanford Law Library reference desk.
Law Library (Crown)
Book
xiv, 279 p. ; 22 cm.
Green Library
Book
xiv, 279 p. ; 22 cm.
Law Library (Crown)
Book
xv, 575 p. ; 24 cm.
Law Library (Crown)

19. Due process [1977]

Book
xxxiii, 362 p. ; 22 cm.
  • Introduction / J. Roland Pennock
  • The forest of due process of law : the American constitutional tradition / Charles A. Miller
  • Due process in England / Geoffrey Marshall
  • Due process / T.M. Scanlon
  • Formal and associational aims in procedural due process / Frank I. Michelman
  • Due process, fraternity, and a Kantian injuction / Edmund L. Pincoffs
  • Procedural fairness and substantive rights / Thomas C. Grey
  • Due process and procedural justice / David Resnick
  • On de-moralizing due process / Thomas R. Kearns
  • Due process in a nonlegal setting : an ombudsman's experience / David J. Danelski
  • Some procedural aspects of majority rule / Gerald H. Kramer
  • Majority rule procedure / Arthur Kuflik
  • Voting theory, union elections, and the constitution / Richard A. Epstein.
Green Library, Philosophy Library (Tanner)

20. Due process [1977]

Book
xxxiii, 362 p.
Law Library (Crown)

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