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A NOTE ON THE FORDHAMLAWREVIEW
ONLINE FALL ISSUE, NOVEL PERSPECTIVES ON
DUE PROCESS
Nora Stewart*
2019 has seen extensive discussion of due process in the American public
sphere. There is a cultural sense of eroding norms, of institutions and
procedural protections under threat. In response to the central role of due
process in the cultural discourse and to the publication of Ingrid Wuerth's
Article, The Due Process and Other Constitutional Rights of Foreign
NationsI in the November Issue of our print edition, Fordham Law Review
Online presents a Fall Issue comprised both of response pieces to Professor
Wuerth's Article and of Essays engaging other thorny questions about due
process.
Procedural due process often is an unwieldy subject; it is at once
fundamental to any principled understanding of constitutional protections,
demanding of a high degree of analytical stringency in its application,
susceptible to intelligible interpretation under any of several radically
different constitutional theories which cut to the heart of basic questions
about its derivation and scope, and colloquially understood to embody some
perhaps unsatisfying subset of its rich constitutional valences.2 Despite (or
because of) this uneasy melding of attributes, core interrelated due process
questions arise in a dizzying variety of legal contexts.
Within this Collection resonances exist, not only among the response
pieces to Professor Wuerth's Article, but also between the set of response
pieces and the issues raised in the Collection's other Essays. In Professors
Bruce Green and Rebecca Roiphe's analysis of personhood,3 echoes of the
debate over due process personhood central to the analysis in several of the
* Executive Online Editor, Fordham Law Review. My thanks to the Board and staff of
Volume 88 for their incisive editorial work, and especially to Associate Online Editor Lena
Bruce for her tireless dedication to this Issue.
1. Ingrid Wuerth, The Due Process and Other Constitutional Rights ofForeign Nations,
88 FORDHAML. REV. 633 (2019).
2. See, e.g., Eileen Sullivan, Trump Calls Impeachment Inquiry a Lynching, N.Y.
TIMES (Oct. 22, 2019), https://www.nytimes.com/2019/10/22/us/politics/trump-
impeachment-lynching.html [https://perma.cc/D3TY-VMR2].
3. Bruce A. Green & Rebecca Roiphe, Punishment Without Process: Victim Impact
Proceedings for Dead Defendants, 88 FORDHAM L. REv. ONLINE 28, 37 (2019).
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