Chapter 5 evaluates the fairness of DCL-influenced proceedings under two theories: violation of procedural due process and breach of contract for failure to comport with basic procedural fairness. The first, which is grounded in the U.S. Constitution, provides a stronger basis for recovery. However, it requires state action, which means it is probably only available to public school students. The chapter argues that under either theory, the procedural protections provided are inadequate.

Léon Walras is often assumed, at least implicitly, to be a welfarist on the grounds that his work is generally considered to be the origin of the first social welfare theorems and therefore a forerunner of Pareto optimality. This chapter argues that such a view contradicts the basic foundations of Walras’s economic and social philosophy and especially his conceptions of society and of individuals. If we take seriously Walras’s distinction between “general social conditions” (“conditions sociales générales”) and “specific personal positions” (“positions personnelles particulières”), we can develop an alternative interpretation of his views on welfare, which leads in turn to a different, non-welfarist, conception of the Walrasian view of the state.