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Fornication, Cohabitation, And The Constitution, Michigan Law Review Dec 1978

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …


The Transformation Of American Law, 1780-1860, David H. Flaherty Jan 1978

The Transformation Of American Law, 1780-1860, David H. Flaherty

Michigan Law Review

A Review of The Transformation of American Law, 1780-1860 by Morton J. Horwitz