[David Bernstein] The complicated history of “substantive due process”
The Volokh Conspiracy 2017-03-12
Summary:
I’ve published a short article entitled, “The History of ‘Substantive Due Process: It’s Complicated” in the Texas Law Review’s online companion, See also. You can download it here. Here is the abstract: The history of what has come to be known as substantive due process is fraught with political implications, even more so now that same-sex marriage […]