Constitutional Law: Substantive Due Process: Statute Prohibiting Use of Contraceptives

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

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

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 ...

Constitutional Law: Supreme Court Holds Pennsylvania Statute Imposing Costs on an Acquitted Defendant Void for Vagueness

In sustaining the defendant's vagueness challenge, the Supreme Court rejected the State's contention that since the statute was "civil" in character, it did not have to meet the due process standard of certainty required of criminal statutes. The Court's language is susceptible of varying interpretations which, in turn, give rise to possibilities for novel applications of the void-forvagueness ...

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...