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Articles 1 - 5 of 5

Full-Text Articles in Law

A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald Oct 2003

A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald

ExpressO

No abstract provided.


The Domain Of Reflexive Law, Michael C. Dorf Mar 2003

The Domain Of Reflexive Law, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel Jan 2003

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

Publications

No abstract provided.


Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen Jan 2003

Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Justice Kennedy's Libertarian Revolution: Lawrence V. Texas, Randy E. Barnett Jan 2003

Justice Kennedy's Libertarian Revolution: Lawrence V. Texas, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This brief article explains why Lawrence v. Texas could be a revolutionary case if the Supreme Court follows Justice Kennedy's reasoning in the future. As in Planned Parenthood v. Casey, Justice Kennedy finds a statute to be unconstitutional, not because it infringes a right to privacy (which is mentioned but once), but because it infringes "liberty" (a word he uses at least twenty-five times). In addition, Justice Kennedy's opinion protects liberty without any finding that the liberty being restricted is a "fundamental right." Instead, having identified the conduct prohibited as liberty, he turns to the purported justification for the …