Abstract

http://ssrn.com/abstract=2167443
 


 



The Property Jurisprudence of Justice Kennedy


John G. Sprankling


University of the Pacific - McGeorge School of Law

2012

McGeorge Law Review, Vol. 44, No. 1, 2012
Pacific McGeorge School of Law Research Paper

Abstract:     
Scholars have largely neglected Justice Kennedy’s property jurisprudence, a surprising omission given his pivotal role on the Supreme Court. This essay explores three aspects of his jurisprudence which distinguish him from other current Justices: (1) his tendency to approach property disputes from the perspective of liberty; (2) his effort to address the tension between natural law theory and legal positivism in defining “property”; and (3) his attempt to resist the expansion of regulatory takings jurisprudence by channeling some disputes toward resolution under the Due Process Clause.

Number of Pages in PDF File: 16

Keywords: Kennedy, Justice Kennedy, property, property rights, constitutional law, liberty, natural law, legal positivism, takings, regulatory takings, Takings Clause, substantive due process, Due Process Clause

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Date posted: October 27, 2012  

Suggested Citation

Sprankling, John G., The Property Jurisprudence of Justice Kennedy (2012). McGeorge Law Review, Vol. 44, No. 1, 2012; Pacific McGeorge School of Law Research Paper. Available at SSRN: http://ssrn.com/abstract=2167443

Contact Information

John G. Sprankling (Contact Author)
University of the Pacific - McGeorge School of Law ( email )
3200 Fifth Avenue
Sacramento, CA 95817
United States
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