Substantive Due Process | Episode 8

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If the government is going to take away life, liberty, or property, the due process of law requires it to follow fair procedures. But, according to the Supreme Court, that’s not all that due process requires. The government also must have a good reason to take life, liberty, or property. On this episode, we head to Akron, Ohio where city officials have shut down a privately run homeless community—without a good reason.

Click here for transcript. Click here for Episode 1.

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Guests

Sage Lewis, The Homeless Charity & Village

Randy Barnett, Georgetown Law

Victoria Nourse, Georgetown Law

Erwin Chemerinsky, Berkeley Law

Lino Graglia, Texas Law

Jeff Rowes, Institute for Justice

Resources

More information on The Homeless Charity v. Akron

No Arbitrary Law: An Originalist Theory of the Due Process of Law, by Randy E. Barnett and Evan D. Bernick

Substantive Due Process, by Erwin Chemerinsky

A Tale of Two Lochners: The Untold History of Substantive Due Process and the Idea of Fundamental Rights, by Victoria F. Nourse

Scrutiny Land, by Randy E. Barnett

Washington v. Glucksberg Was Tragically Wrong, by Erwin Chemerinsky

An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know, by Randy E. Barnett and Josh Blackman

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