Add to ORKGThis paper sets out a public choice (rent-seeking) theory of the Due Process Clause, which implies that the function of the clause is to prevent takings through the legislative or common law process. This view of the clause\u27s function supports a preference for expanding rather than contracting the set of entitlements protected by the clause. The Supreme Court\u27s application of due process reasoning in the punitive damages case law is in some respects consistent and in other respects inconsistent with this theory. For the most part, the Court has failed to develop a set of doctrines that would enable lower courts to distinguish takings from punishment consistent with reasonable regulation. This paper suggests general guidelines for deve...
Almost twenty years ago, the Supreme Court in BMW v. Gore invoked the Due Process Clause for the fir...
This Article argues that procedural due process can be understood as a choice of-law doctrine. Many ...
Full-text available at SSRN. See link in this record.Under the Supreme Court's current due process j...
The discussion which follows will examine the new verbalizations repeatedly employed in Supreme Cour...
This Note will consider whether punitive damages can withstand a constitutional challenge brought un...
During the past fifteen years, the U.S. Supreme Court has decided no fewer than seven cases in which...
Throughout the past two decades, the United States Supreme Court has gradually formed several proced...
In our system of government, the Constitution has conferred a guarantees of certain rights to its ci...
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, 130 S. Ct. 2592 (...
Over the last fifteen years, the Supreme Court has formulated new constitutional principles to const...
In BMW v Gore, the Supreme Court held that a state court's award of punitive damages was so excessiv...
The thesis of this Article is that both the Supreme Court and its critics have failed to identify an...
Expropriatory Intent Defining the Proper Boundaries of Substantive Due Process and the Takings Clau...
This comment theorizes that awarding punitive damages in commercial arbitration is state action re...
One of the fundamental elements of our government system is the broad concept of a right to fair tre...
Almost twenty years ago, the Supreme Court in BMW v. Gore invoked the Due Process Clause for the fir...
This Article argues that procedural due process can be understood as a choice of-law doctrine. Many ...
Full-text available at SSRN. See link in this record.Under the Supreme Court's current due process j...
The discussion which follows will examine the new verbalizations repeatedly employed in Supreme Cour...
This Note will consider whether punitive damages can withstand a constitutional challenge brought un...
During the past fifteen years, the U.S. Supreme Court has decided no fewer than seven cases in which...
Throughout the past two decades, the United States Supreme Court has gradually formed several proced...
In our system of government, the Constitution has conferred a guarantees of certain rights to its ci...
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, 130 S. Ct. 2592 (...
Over the last fifteen years, the Supreme Court has formulated new constitutional principles to const...
In BMW v Gore, the Supreme Court held that a state court's award of punitive damages was so excessiv...
The thesis of this Article is that both the Supreme Court and its critics have failed to identify an...
Expropriatory Intent Defining the Proper Boundaries of Substantive Due Process and the Takings Clau...
This comment theorizes that awarding punitive damages in commercial arbitration is state action re...
One of the fundamental elements of our government system is the broad concept of a right to fair tre...
Almost twenty years ago, the Supreme Court in BMW v. Gore invoked the Due Process Clause for the fir...
This Article argues that procedural due process can be understood as a choice of-law doctrine. Many ...
Full-text available at SSRN. See link in this record.Under the Supreme Court's current due process j...