Title

Chapman’s article cited in Supreme Court opinion

Abstract

Assistant Professor Nathan S. Chapman’s article, “Due Process as Separation of Powers” (121 Yale Law Review 1672 (with M. McConnell) (2012)) was cited by U.S. Supreme Court Justice Clarence Thomas in his concurring opinion in Johnson v. United States, 576 U.S. ___, slip op. at 18 (2015), in which the Court held that the provision that authorizes "enhanced sentencing" for conduct that "presents a serious potential risk of physical injury to another" is unconstitutionally vague, in violation of the Fifth Amendment Due Process Clause.

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