87.3

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87.3
The Origins of Substantive Due Process
Ilan Wurman
Visiting Assistant Professor and incoming Associate Professor, Sandra Day O’Connor College of Law, Arizona State University.

Thanks to William Baude, David Bernstein, Nathan Chapman, and John Harrison; to the participants of the 2018 Rocky Mountain Junior Faculty Colloquium, the 2019 Federalist Society Young Legal Scholars panel, and the 2019 University of Richmond Junior Scholars Workshop; and in particular to my colleagues Zack Gubler, Rhett Larson, Kaipo Matsumura, Trevor Reed, Josh Sellers, Bijal Shah, and Justin Weinstein-Tull for their early interventions. Thanks also to Jessica Kemper and Katherine Johnson for tremendous research assistance.

There has been renewed interest in recent years in the original understanding of “due process of law.” In a recent article, Professors Nathan Chapman and Michael McConnell argue that historically, due process meant only that an individual could not be deprived of life, liberty, or property without a general and prospective standing law, the violation of which had been adjudicated according to a certain minimum of common-law judicial procedures.

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87.3
Some Doubts About “Democratizing” Criminal Justice
John Rappaport
Assistant Professor of Law and Ludwig and Hilde Wolf Research Scholar, University of Chicago Law School.

I am indebted to Monica Bell, Merav Bennett, Stephanos Bibas, Andrew Crespo, Justin Driver, Roger Fairfax, Trevor Gardner, Bernard Harcourt, Emma Kaufman, Brian Leiter, Richard McAdams, Tracey Meares, Martha Nussbaum, Dan Richman, Jocelyn Simonson, Roseanna Sommers, and Fred Smith for terrific comments on drafts. Thanks as well to Will Baude, Genevieve Lakier, Lauren Ouziel, and participants at the Criminal Justice Roundtable, the Junior Criminal Justice Roundtable, the University of Chicago Works-in-Progress Workshop, and the University of Virginia Faculty Workshop for generative conversations. For research assistance, thanks to Merav Bennett, Dylan Demello, Morgan Gehrls, Alli Hugi, Kevin Kennedy, and especially Alex Song. The Darelyn A. and Richard C. Reed Memorial Fund furnished financial support.

For the uninitiated, a brief rehearsal of the facts of the matter: The United States presently incarcerates over two million individuals, with another four million under other forms of correctional supervision.

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87.3
The Architecture of a Basic Income
Miranda Perry Fleischer
Professor of Law, University of San Diego School of Law, mirandafleischer@ sandiego.edu.

The Douglas Clark and Ruth Ann McNeese Faculty Research Fund at the University of Chicago Law School provided financial support for this project. For helpful comments, the authors thank Leslie Book, David Gamage, Eric Hemel, Kevin Kennedy, Benjamin Leff, Elisabeth Mayer, Susan Morse, Anna Stapleton, André Washington, Matt Zwolinski, Lawrence Zelenak, participants at the Brigham Young University Law School Tax Policy Colloquium, the Duke University School of Law Tax Policy Colloquium, the 2018 National Tax Association Annual Meeting, and editors of The University of Chicago Law Review.

Daniel Hemel
Assistant Professor of Law, University of Chicago Law School, dhemel@ uchicago.edu.

The notion of a universal basic income, or UBI, has captivated academics, entrepreneurs, policymakers, and ordinary citizens in recent years. Across the globe, countries ranging from Brazil to Finland, the Netherlands, Italy, Kenya, Uganda, and Canada are conducting or have recently concluded pilot studies of a UBI.

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