Articles

The February issue of Cato Unbound focuses on substantive due process. The opening essay, by me, is adapted from my article, In Defense of Substantive Due Process. Responses will be coming soon from Professors Gary Lawson, Lawrence Rosenthal, and Ryan Williams. … ...

This month’s edition of Cato Unbound, featuring my article Why Substantive Due Process Makes Sense, continues today with a response by Prof. Ryan Williams, as well as an earlier response by Prof. Lawrence Rosenthal. A final response, by Prof. Gary Lawson, will be posted in a few days, and then the table will be open for … ...

The discussion over my article, In Defense of Substantive Due Process, is continuing at Cato Unbound. Prof. Gary Lawson has posted his response here, and now the general discussion is beginning. I responded to David Bernstein’s questions this morning, and I’ll have some further thoughts soon. Please join the discussion! Update: Is my po ...

The conversation over my article, In Defense of Substantive Due Process is continuing over at Cato Unbound. Check out these posts by Lawrence Rosenthal, Ryan Williams, and two by myself. And feel free to join the conversation. … ...

This year marks the 20th anniversary of PLF’s Northwest Regional Center.  This is definitely a moment to celebrate, and we intend to do so.  But more than that, this is a time to reflect on two decades of PLF’s efforts in the Pacific Northwest. PLF opened its Northwest office in 1992.  Sir Mix-A-Lot was topping … ...

I have two new posts up at Cato Unbound, addressing what it means to search for original meaning—and taking on the myth that Dred Scott was “a substantive due process case.” Don’t forget to check out the other conversation posts, too! … ...

My most recent post in the ongoing discussion about substantive due process discusses federalism, states’ rights, and the Individual Mandate. … ...

The conversation about substantive due process is winding down at Cato Unbound. This morning I offer some criticisms of Nathan Chapman and Michael McConnell’s new Yale Law Journal article on the subject. … ...

I sum up with some thoughts on due process, and what the promise of lawful rule means. … ...