Learn how you can help ensure that the principle of due process endures this crisis.

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    • Our Name
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To no one will we sell, to no one deny or delay, right or justice

To no one will we sell, to no one deny or delay, right or justice To no one will we sell, to no one deny or delay, right or justice To no one will we sell, to no one deny or delay, right or justice

Review our 2024 Impact Report

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Two Views: An Exploration of SCOTUS's Criminal Law Docket

Clause 40 Foundation and its sister organization Due Process Institute hosted the annual lunch event with leading Supreme Court scholars and litigators Jeffrey L. Fisher  (Co-Director, Supreme Court Litigation Clinic at Stanford Law School) and Erin E. Murphy (Partner, Clement & Murphy) .

Watch their discussion on the criminal law docket of the upcoming 2024-25 SCOTUS term and be on the lookout for registration information for next year's event! 

Conversations on...

Emerging Scholarship in Criminal Law and Policy

Join us for our new panel series live, via livestream, or watch later at your convenience! Stay tuned for future events!

Junk Science and the American Criminal Justice System

A conversation between author M. Chris Fabricant, Director of Strategic Litigation at the Innocence Project, and Clause 40 Foundation Senior Counsel Carolyn Iodice on the proliferation of junk science in American courtrooms and how it leads to wrongful convictions across the country.

The Original Meaning of the Fourteenth Amendment

A conversation between author Professor Evan Bernick and Clause 40 Foundation Founder + President Shana O'Toole
on the history of the Fourteenth Amendment and how it protects due process rights today.

Punishment Without Trial: Why Plea Bargaining is a Bad Deal

A discussion with author Prof. Carissa Byrne Hessick and Clause 40 Foundation's Senior Counsel Carolyn Iodice
on how plea bargaining impacts the criminal legal system.

The Preamble of our Constitution sets forth aspirations that our Founding Generation foresaw were necessary for the establishment of a free, just, and prosperous nation. In fact, the concept of “justice” was foremost on their minds: “We the People of the United States, in Order to form a more perfect Union, establish Justice….” 


Yet this concept of “justice” is complicated--it must balance individual liberty and fairness with public safety and victim restoration. Clause 40 Foundation is a nonpartisan tax exempt 501(c)(3) founded on the belief that the promise of justice in the Preamble is yet unfilled in our modern society and that failure is preventing the advancement of this country and all its people. 


We believe that the erosion of procedural due process rights is one cornerstone of the problem and therefore our mission is to re-balance the nation’s criminal justice framework by preserving the due process rights guaranteed in the Constitution through public education, events, research, litigation, and advocacy.


While other voices are shouting at each other across a void of misunderstandings and mistrust, we work to bridge the divide--partnering with all communities to move America #TowardJustice.

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The State of Surveillance: 20 Years after the PATRIOT Act

Clause 40 Foundation Senior Counsel Carolyn Iodice joined the Fourth Amendment Advisory Committee and the Project for Privacy & Surveillance Accountability's panel discussion to talk about how surveillance practices have changed over the past 20 years, what's happening now, and what is coming next.

Ad Justitiam Blog: Writing that Moves Us Toward Justice

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 During this unprecedented time, Clause 40 Foundation is relying on your support to help ensure that we can continue our mission.  It is during times like these that our foundational principles--like due process--provide the most guidance. Please help us ensure such principles endure this crisis by supporting our work.  

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