The Birth of Modern Substantive Due Process
The Most Famous Footnote
Modern Substantive Due Process
Non-Textual Fundamental Rights
The New Standard
Funding and Facilities
State funding and facilities
Federal government is not required to fund non-therapeutic abortions
Informed Consent & Waiting Periods
Informed consent requirements
Spousal and Parental Notification or Consent
Spousal notification or consent
Parental notification or consent
What is a property interest?
What is a liberty interest?
Tests to determine protected property interest
Procedural Due Process Basis Analytical Model
Importance of the interest
How are entitlements created?
Defeating liberty or property interests
Is there a liberty interest in reputation?
Deprivation of entitlements
Deprivation must be more than insubstantial
What kind of process is due for deprivation?
Three tiers of equal protection scrutiny
How Laws Discriminate
Rational Basis Review
Limitation of Remedy
Affirmative Action Two key categories
Suspect (in addition to race)
How does the government avoid strict scrutiny?
Inciting Illegal Activity
Substantial Overbreadth doctrine
Symbolic Speech & Time Place or Manner Regulations
Time Place or Manner Test
Expressive Conduct Regulation Two part analysis
Secondary effects doctrine
Central Hudson intermediate scrutiny type test controls
License & Permits
Freedom of the Press: Newsgathering
Categories of speech forums
Designated Public Forums
Government as Educator
Freedom of Association
Employment & Commercial Interest
Establishment Clause Tests (use all three test for an analysis)
Aid to Religion
Religion in Public Schools
Conflict Between Clauses