Substantive due process doctrine examines whether the government’s deprivation of a person’s life, liberty, or property is justified by a good enough reason. In this seminar, we’ll look at the doctrine’s background and incarnations over time, including the Supreme Court’s overruling of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization. We’ll focus particularly on the “anti-canonical” cases (Lochner and Scott v. Sanford); sexual, reproductive, and marital autonomy; and the rights of individuals confined by the state.
For details on class times, days of the week, instructors, and grading and exam details, please view the Michigan Law Class Schedule.