Con Law · WikiFramers

Part Two - Individual Rights · Module 12

Procedural Due Process

What the government owes you before it takes something away: what counts as liberty or property, the entitlement theory, and the Mathews balance. The substantive side of due process moves to First Amendment Law.

Topics

The difference between substantive and procedural due process. What counts as a deprivation of life, liberty or property. Liberty and property interests and the entitlement theory. What process is due: the balancing of private interest, risk of erroneous deprivation, and governmental interest. Due process and post-conviction access to evidence.

Reading list

0 of 8 readings published · the rest are in preparation and will appear here as they are edited

  1. Opinion Goldberg v. Kelly in preparation
  2. Note Board of Regents of State Colleges v. Roth in preparation
  3. Note Perry v. Sindermann in preparation
  4. Note Goss v. Lopez in preparation
  5. Note Paul v. Davis in preparation
  6. Opinion Mathews v. Eldridge in preparation
  7. Note Cleveland Board of Education v. Loudermill in preparation
  8. Note District Attorney's Office for the Third Judicial District v. Osborne in preparation
  9. Current case Chianne D. v. Harris, No. 3:23-cv-985 (M.D. Fla. Jan. 6, 2026) (the notice a State must give before terminating a statutory benefit). in preparation
How to read this list

A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.