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Poverty and Substantive Due Process

Abstract

Recent Supreme Court decisions in the poverty law cases have revitalized the substantive due process doctrine used to strike down early social and economic legislation. The author explores the history of the old substantive due process Court, and examines the philosophies of Justices Black, Harlan, and Douglas, three justices who have squarely faced the substantive due process concept. He concludes by proposing a formula, based on the substantive due process doctrine, which would be used in future poverty law cases.

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12 Ariz. L. Rev. 1 (1970)

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