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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
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
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
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
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
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 …