Due process protection

Abortion--parental consent--minors' rights to due process, equal protection and privacy.

Reevaluating substantive due process as a source of protection for psychiatric patients to refuse drugs.

My medical regimen during my hospital stays usually didn't consist of much more than doses of drugs—usually Thorazine. When I took the prescribed amount, I was usually out of Bellevue in three or four days. But I hated the effect of the drug. It was like putting my head in a vise; it cut off the free flow of ideas; it stifled imagination; it literally killed inspiration.

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 ...

Due Process Disaggregation

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...