Due process does not require appointment of counsel for indigent parents in every parental status termination proceeding. Lassiter v. Department of Social Services, 452 U.S. 18, 101 S. Ct. 2153, 68 L. Ed. 2d 640 (1981).
A life prisoner had no due process right to a statement of reasons why the board did not commute his life sentence. Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 101 S. Ct. 2460, 69 L. Ed. 2d 158 (1981).
An ordinance regulating the sale of drug paraphernalia was constitutional. Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 102 S. Ct. 1186, 71 L. Ed. 2d 362 (1982).
Revocation of probation for failure to pay a fine, without a determination that the probationer had not made a bona fide effort to pay or that alternate forms of punishment did not exist, denied due process and equal protection. Bearden v. Georgia, 461 U.S. 660, 103 S. Ct. 2064, 76 L. Ed. 2d 221 (1983).
Notice by publication did not satisfy due process requirements in a tax sale. Mennonite Board of Missions v. Adams, 462 U.S. 791, 103 S. Ct. 2706, 77 L. Ed. 2d 180 (1983).
An individual’s contract with an out-of-state party alone cannot automatically establish sufficient minimum contacts in the other party’s home forum for purposes of personal jurisdiction. A contract is ordinarily but an intermediate step serving to tie up prior business negotiations with future consequences which themselves are the real object of the business transaction. It is these factors—prior negotiations and contemplated future consequences, along with the terms of the contract and the parties’ actual course of dealing—that must be evaluated in determining whether the defendant purposefully established minimum contacts within the forum. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S. Ct. 2174, 85 L. Ed. 2d 528 (1985).
A minority set-aside program violated due process. City of Richmond v. J.A. Croson Co., 488 U.S. 469, 109 S. Ct. 706, 102 L. Ed. 2d 854 (1989).
Abortion restrictions complied with constitutional protections. Webster v. Reproductive Health Services, 492 U.S. 490, 109 S. Ct. 3040, 106 L. Ed. 2d 410 (1989).
Assuming that a competent person has a constitutional right to refuse treatment, a state may require clear and convincing evidence that an incompetent patient desired withdrawal of treatment. Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, 110 S. Ct. 2841, 111 L. Ed. 2d 224 (1990).
Substantive due process is not violated by a police officer who causes death through deliberate or reckless indifference to life in a high speed chase aimed at apprehending a suspect. Only a purpose to cause harm unrelated to the legitimate object of arrest satisfies the element of arbitrary conduct shocking to the conscience necessary for a due process violation. County of Sacramento v. Lewis, 523 U.S. 833, 118 S. Ct. 1708, 140 L. Ed. 2d 1043 (1998).
In lieu of exclusive reliance on a judge’s personal inquiry into the judge’s actual bias, or on appellate review of the judge’s determination respecting actual bias, the due process clause has been implemented by objective standards that do not require proof of actual bias. In defining these standards the U.S. Supreme Court has asked whether, under a realistic appraisal of psychological tendencies and human weakness, the interest poses such a risk of actual bias or prejudgment that the practice must be forbidden if the guarantee of due process is to be adequately implemented. Caperton v. A.T. Massey Coal Co., 556 U.S. 868, 129 S. Ct. 2252, 173 L. Ed. 2d 1208 (2009).
There is a serious risk of actual bias, based on objective and reasonable perceptions, when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on a case by raising funds or directing the judge’s election campaign while the case was pending or imminent. The inquiry centers on the contribution’s relative size in comparison to the total amount of money contributed to the campaign, the total amount spent in the election, and the apparent effect the contribution had on the outcome of the election. Whether campaign contributions were a necessary and sufficient cause of a judge’s victory is not the proper inquiry. Due process requires an objective inquiry into whether the contributor’s influence on the election under all the circumstances would offer a possible temptation to the average judge to lead the judge not to hold the balance “nice, clear, and true.” Caperton v. A.T. Massey Coal Co., 556 U.S. 868, 129 S. Ct. 2252, 173 L. Ed. 2d 1208 (2009).
Under the due process clause there was an impermissible risk of actual bias when a judge earlier had significant, personal involvement as a prosecutor in a critical decision regarding the defendant’s case. Williams v. Pennsylvania, 579 U.S. 1, 136 S. Ct. 1899, 195 L. Ed. 2d 132 (2016).
The 14th amendment limits the personal jurisdiction of state courts. Because a state court’s assertion of jurisdiction exposes defendants to the state’s coercive power, it is subject to review for compatibility with the 14th amendment’s due process clause, which limits the power of a state court to render a valid personal judgment against a nonresident defendant. Specific jurisdiction is confined to adjudication of issues deriving from, or connected with, the very controversy that establishes jurisdiction. For specific jurisdiction, a defendant’s general connections with the forum are not enough. A specific connection between the forum and specific claims at issue is required. Bristol-Myers Squibb Co. v. Superior Court, 582 U.S. 255, 137 S. Ct. 1773, 198 L. Ed. 2d 395 (2017).
The forum state may exercise specific jurisdiction if the plaintiff’s claims arise out of “or relate to” the defendant’s contacts with the forum. The “relate to” standard contemplates that some relationships will support jurisdiction without a causal showing. Specific jurisdiction attaches when a company like Ford Motor Company serves a market for a product in a state and that product causes injury in the state to one of its residents, and the state’s courts may entertain the resulting suit, even if the particular car involved was not first sold, designed, or manufactured in the forum state. Ford Motor Co. v. Montana Eighth Judicial District Court, 592 U.S. ___, 141 S. Ct. 1017, 209 L. Ed. 2d 225 (2021).
The due process clause of the 14th amendment to the U.S. Constitution does not prohibit a state from requiring an out-of-state corporation to consent to personal jurisdiction to do business there. Mallory v. Norfolk Southern Railway Co., 600 U.S. ___, 143 S. Ct. 2028, 216 L. Ed. 2d 815 (2023).
It is not a violation of the due process clause to tow an illegally parked car without first giving the owner notice and opportunity to be heard regarding the lawfulness of the towing. Sutton v. City of Milwaukee, 672 F.2d 644 (1982).
A village board’s denial of an application for a liquor license did not deprive the applicant of either liberty or property. Scott v. Village of Kewaskum, 786 F.2d 338 (1986).
Where an economic regulation is challenged on substantive due process grounds, the rational basis test is applied. To uphold the statute, a court need only find a reasonably conceivable state of facts that could provide a rational basis for the classification. Consumer protection and promoting commerce are both legitimate state interests. On rational-basis review, the state does not need to present actual evidence to support its proffered rationale for the law, which can be based on rational speculation unsupported by evidence or empirical data. Minerva Dairy, Inc. v. Harsdorf, 905 F.3d 1047 (2018).
Specific personal jurisdiction requires that a defendant’s contacts with the forum state show that the defendant purposefully availed itself of the privilege of conducting business in the forum state or purposefully directed the defendant’s activities at the state. This analysis focuses on the defendant’s contacts with the forum state itself, not the defendant’s contacts with persons who reside there. Deliberate contact with the resident of a state is not the same thing as deliberate contact with the state itself. Lexington Insurance Co. v. Hotai Insurance Co., 938 F.3d 874 (2019).
A teacher’s alleged de facto tenure is not a protected property interest. Discussing liberty interests. Stevens v. Joint School District No. 1, 429 F. Supp. 477 (1977).
A sheriff violated a tenant’s protectible property interest by executing a stale writ of restitution. Wolf-Lillie v. Kenosha County Sheriff, 504 F. Supp. 1 (1979).
One cannot have a constitutionally protected interest solely in a state law procedure; a separate property interest must also be present. Molgaard v. Town of Caledonia, 527 F. Supp. 1073 (1981).
A high school student enjoys no constitutionally protected property interest in participation in interscholastic athletics. Isabella A. v. Arrowhead Union High School District, 323 F. Supp. 3d 1052 (2018).
The Original Understanding of “Property” in the Constitution. Larkin. 100 MLR 1 (2016).
Demon Rum and the Dirty Dance: Reconsidering Government Regulation of Live Sex Entertainment After California v. LaRue. Diel & Salinger. 1975 WLR 161.
Constitutional Law—Schools & School Districts—Reasonable Corporal Punishment by School Official Over Parental Objection is Constitutional. Splain. 1976 WLR 689.
Procedural Due Process in Public Schools: The “Thicket” of Goss v. Lopez. Ransom. 1976 WLR 934.
Constitutional Law—Due Process—Administrative Law—Impartial Decisionmaker—Authority of School Board to Dismiss Striking Teachers. Gallagher. 1977 WLR 521.