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Evolving Due Process In The Digital Age

Law360, New York (February 1, 2018, 1:57 PM EST) -- Due process is old as time, sort of. Social contracts are novel relative to recorded history, and we’ve yet to uncover evidence of Stone Age tribunals. But the basic notion of equity is inherently human — according to a recent scientific study, infants as young as 15 months old exhibit a basic sense of fairness and altruism. It follows that due process may have manifested even earlier than we imagine, however rudimentary, informal or Neanderthalian.

Western governmental due process dates back at least as far as...
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