Due Process As American Democracy

Martin H. Redish is the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law; teaching and writing on the subjects of federal jurisdiction, civil procedure, freedom of expression, and constitutional law. Professor Redish has consistently ranked among the thirty-five most cited legal scholars of all time on Hein Online. He is the winner of the 2021 Association of American Law Schools Daniel J. Meltzer Award for Outstanding Scholarship and Teaching in Federal Courts, and he has testified numerous times as an expert witness before congressional committees.

Professor Redish's tour de force deftly blends political theory, constitutional theory, and doctrine into a thoughtful, ambitious, and provocative reconstruction of the concept of due process. Scholars interested in constitutional law, interpretative theory, civil procedure, administrative law, legal ethics, remedies, free speech, the public-private distinction, or the American constitutional order as a whole - just to name a few topics covered in this bold and engaging work - will find themselves sometimes cheering, sometimes jeering, but always thinking. This is scholarship at its best.

• Introduction 1 Liberal Adversary Democracy 2 Due Process as Liberal Adversary Democracy 3 Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism 4 Procedural Due Process and the Day-In-Court Ideal: Resolving the Virtual Representation Dilemma5 Private Contingent Fee Lawyers, Public Power and Procedural Due Process 6 Due Process, Free Expression and the Administrative State 7 Constitutional Remedies as Due Process of Law Conclusion