TITLE

REDEFINING DUE PROCESS ANALYSIS: JUSTICE ANTHONY M. KENNEDY AND THE CONCEPT OF EMERGENT RIGHTS

AUTHOR(S)
Parshall, Lisa K.
PUB. DATE
November 2005
SOURCE
Albany Law Review;2005, Vol. 69 Issue 1, p237
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Explores jurisprudence on substantive due process in the light of Justice Anthony M. Kennedy's decision for the U.S. Supreme Court in Lawrence v. Texas. Comparison between Lawrence and Bowers v. Hardwick; Analysis of Kennedy's concept of substantive due process; Interpretations of Lawrence's impact on due process analysis; Examination of Kennedy's Ninth Circuit Appeals jurisprudence involving gay rights; Disagreement between Kennedy and Justice Antonin Scalia over homosexual rights.
ACCESSION #
20374442

 

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