Panel 1: Foundations
The U.S. Constitution Is Not a Code: Unraveling the Idea and the Meaning of Substantive Due Process
An Originalist Theory of Due Process of Law
Panel 2: Endangered Liberties
The Fundamental Right to Free Movement
Renewing Educational Autonomy
Death After Dobbs
Panel 3: The Courts
State Constitutional Rights, State Courts, and the Future of Substantive Due Process Protections
Constraining and Licensing Arbitrariness: The Stakes in Debates about Substantive-Procedural Due Process
A Civil Right to Counsel: The Protector of Substantive Rights
Discussion: The Supreme Court and SDP
Panel 4: Democracy
Failures in the Laboratories of Democracy and Substantive Due Process
From Liberation to (Re)Criminalization: Dobbs v. Jackson Women’s Health Organization, Bodily Autonomy, and the Expansion of State Rights
Panel 5: Enforcement of SDP Rights
Secrecy and Transparency in Substantive Due Process Litigation
Challenges in Substantive Due Process Litigation