According to the positivist view of procedural due process, the courts should play no role in defining what procedures are necessary to satisfy the constitutional requirement. 1 2 Rather, the term "due process" dictates that individuals be afforded whatever procedures the legislature has mandated-no more and no less. If the legislature has not recognized the right 9. See infra notes 87-143 and accompanying text. 10. See infra notes 144-49 and accompanying text. 11. See infra notes 150-80 and accompanying text. 12. See Easterbrook, supra note 3, at 94-109 (basing conclusion that courts have no role in defining due process on structure of Constitution, antecedents of due process clause, and Court's early due process cases). It is important to note that the issue at stake here is not merely the appropriate level of judicial review. Under the positivist approach there is absolutely nothing for the courts to review, because the legislature is afforded unfettered discretion.

The sporadic way that various members of the Supreme Court and the legal community treat the principle of stare decisis is increasingly striking. 1 At times, the rule of stare decisis appears to be trotted out in defense of decisions that were actually reached on quite independent grounds. At other times, the dictates of the rule appear to be casually ignored when other factors call for the overruling of a precedent. It is tempting, therefore, to dismiss the rule of stare decisis as a mere rhetorical device, much like the question of whether a Supreme Court nominee's judicial philosophy is an appropriate subject of senatorial inquiry. 2 For example, in the 1960s, when the Warren Court was in t

The integration of augmented reality (AR) technology into personal computing is happening fast, and augmented workplaces for professionals in areas such as Industry 4.0 or digital health can reasonably be expected to form liminal zones that push the boundary of what currently possible. The application potential in the creative industries, however, is vast and can target broad audiences, so with UNBODY, we set out to push boundaries of a different kind and depart from the graphic-centric worlds of AR to explore textual and aural dimensions of an extended reality, in which words haunt and re-create our physical selves. UNBODY is an AR installation for smart glasses that embeds poetry in the user’s surroundings. The augmented experience turns reality into a medium where holographic texts and film clips spill from dayglow billboards and totems. In this paper, we develop a blueprint for an AR escape room dedicated to the spoken and written word, with its open source code facilitating uptake by others into existing or new AR escape rooms. We outline the user-centered process of designing, building, and evaluating UNBODY. More specifically, we deployed a system usability scale (SUS) and a spatial interaction evaluation (SPINE) in order to validate its wider applicability. In this paper, we also describe the composition and concept of the experience, identifying several components (trigger posters, posters with video overlay, word dropper totem, floating object gallery, and a user trail visualization) as part of our first version before evaluation. UNBODY provides a sense of situational awareness and immersivity from inside an escape room. The recorded average mean for the SUS was 59.7, slightly under the recommended 68 average but still above ‘OK’ in the zone of low marginal acceptable. The findings for the SPINE were moderately positive, with the highest scores for output modalities and navigation support. This indicated that the proposed components and escape room concept work. Based on these results, we improved the experience, adding, among others, an interactive word composer component. We conclude that a poetry escape room is possible, outline our co-creation process, and deliver an open source technical framework as a blueprint for adding enhanced support for the spoken and written word to existing or coming AR escape room experiences. In an outlook, we discuss additional insight on timing, alignment, and the right level of personalization.

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