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The Property Jurisprudence of Justice Kennedy

16 Pages Posted: 27 Oct 2012  

John G. Sprankling

University of the Pacific - McGeorge School of Law

Date Written: 2012

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.

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

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: https://ssrn.com/abstract=2167443

John Sprankling (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

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