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Liberal And Conservative Jurisprudence On The Contemporary Supreme Court: An Analysis Of Substantive Due Process Interpretation, Nell Peyser

Honors Papers

My goal is to look at four Supreme Court cases- DeShaney v. Winnebago County (1989), Michael H. v. Gerald D. (1989), Roe v. Wade (1973), and Lawrence v. Texas (2003)- to see how the differences in the levels of generality between liberal and conservative justices actually manifest themselves in their respective opinions. I focus on methodological patterns in the liberal opinions in search of a more coherent liberal jurisprudence. This stems from establishing more definitive guidelines for how best find the level of generality that will maximize the ability to legally justify rights expansion. I end my discussion by applying …