Article   |   Volume 167, Issue 5

Dialogic Due Process

By
167 U. Pa. L. Rev. 1115 (2019)

April 2019












This Article analyzes the current divergence between due process doctrine and practice. It begins by tracing the shift from the due process revolution’s court‐driven procedures to today’s bottom‐up experimentation. Next, it examines three recent examples of procedural experimentation and situates those innovations within the Supreme Court’s due process doctrine. The Article then proposes a dialogic approach to procedural due process, through which data generated by procedural innovations can help courts evaluate due process claims in litigation. By putting courts in conversation with the wave of procedural innovations unfolding across the nation, this dialogic approach can help revive an otherwise stagnant branch of constitutional doctrine and ensure that the Due Process Clause continues to guarantee fair procedures in the face of changing circumstances.

Dialogic Due Process - PennLawReview.com


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