The Importance of Due Process in Institutions

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Fot about both the importance of due process and a way that its being undermined at te moment in some educational institutions, but perhaps also in society at large. The constitutional doctrine came about with the supreme court during the warren court years,. understanding that due process was essentially a way to try to protect people of color, african americans from being exploit ed by governments or states. And so now we are in a situation where we have institutions like schools and workplaces which can't just simply get rid of someone for doing something wrong. It's extremely important to understand that some people associate do process now with the defence of people who've done bad things - sexual assault on campus.

Jeannie Suk Gersen is the John H. Watson, Jr. Professor of Law at Harvard Law School and a contributing writer at The New Yorker. She writes widely about the law and its impact on society.

In this week’s conversation, Jeannie Suk Gersen and Yascha Mounk discuss the value of robust debate in law school classrooms, the perils of eroding due process in the name of progress, and the legitimacy of the Supreme Court.

This transcript has been condensed and lightly edited for clarity.

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