Podcasts News Politics FedSoc Events Panel: Who's Afraid of Substantive Due Process?: Original Meaning and the Due Process of Law

Panel: Who's Afraid of Substantive Due Process?: Original Meaning and the Due Process of Law

Published: Jan. 30, 2019, 5:15 p.m.

b'Conventional wisdom holds that the original meaning of the "due process of law," as used in the Fifth and Fourteenth Amendment, is procedural - forbidding deprivations of life, liberty or property without appropriate procedural safeguards and unless they are pursuant to a duly enacted law governing the conduct giving rise to the deprivation. Recent originalist scholarship, however, calls this view into question, arguing that a thicker and indeed "substantive" understanding of due process is justified by a careful reading of the constitutional text and history. This panel will explore and critique these new arguments.
Welcome:

Hon. Lee Liberman Otis, The Federalist Society
Incoming AALS President Vicki C. Jackson, Harvard Law School

Featuring:

Randy Barnett, Georgetown University Law Center
John Harrison, University of Virginia School of Law
Nathan Chapman, University of Georgia School of Law
Ryan Williams, Boston College Law School
Moderator: Christina Mulligan, Brooklyn Law School'