Two. The Coherence and Structure of Substantive Due Process

Chapters in this book

1. Frontmatter i
2. Contents ix
3. One. A Second Death of Substantive Due Process? 1
4. Part One. Our Practice of Substantive Due Process
5. Two. The Coherence and Structure of Substantive Due Process 17
6. Three. The Rational Continuum of Ordered Liberty 45
7. Part Two. Substantive Due Process Does Not “Effectively Decree the End of All Morals Legislation”
8. Four. Is Substantive Due Process on a Slippery Slope to “the End of All Morals Legislation”? 71
9. Five. Is Moral Disapproval Enough to Justify Traditional Morals Legislation? 99
10. Part Three. Substantive Due Process Does Not Enact a Utopian Economic or Moral Theory
11. Six. The Ghost of Lochner v. New York 125
12. Seven. Does Substantive Due Process Enact Mill’s On Liberty? 149
13. Part Four. Conflicts between Liberty and Equality
14. Eight. The Grounds for Protecting Basic Liberties: Liberty Together with Equality 171
15. Nine. Accommodating Gay and Lesbian Rights and Religious Liberty 201
16. Ten. The Future of Substantive Due Process 217
17. Acknowledgments 229
18. Notes 233
19. Index 263