Procedural Due Process: The Missing Casebook Chapter

Abstract

This is a selection of lightly edited cases and brief notes intended to serve as the equivalent of a casebook chapter on procedural due process in a constitutional law or related course. Most of the best constitutional law casebooks pay very little attention to procedural due process. Ordinarily, the topic is consigned to a very short section tacked onto the end of a much more substantial discussion of substantive due process, Lochner, etc. This neglect misses the practical, theoretical, doctrinal, and pedagogical importance of procedural due process. In an attempt to remedy this situation, I am making this supplementary material free of charge to all comers, not only for my own students, but for other faculty as well. For the latter, I encourage you to make use of it in your own courses, or even modify or distribute it, if you would like, in other materials. I only ask that you provide appropriate attribution and drop me an e-mail to let me know how it’s been useful to you. I would also greatly appreciate any feedback. This is an experimental document. It is meant to be suitable for use in any course covering procedural due process, regardless of the casebook or official title of the course (e.g., constitutional law, public benefits law, constitutional criminal procedure, civil procedure). Because I intend the supplement to be useful in a wide variety of courses and with numerous casebooks, I have erred on the side of length; this supplement is not intended to be assigned in its entirety. Current version: 1.1, updated December 1, 2013, with addition of Caperton v. A.T. Massey Coal Co.