Sex, Lies and Jurisprudence: Robert Bork, Griswold, and the Philosophy of Original Understanding

35 Pages Posted: 13 Apr 2007  

Glenn Harlan Reynolds

University of Tennessee College of Law

Abstract

This article analyzes Robert Bork's philosophy of original understanding jurisprudence in the context of the Supreme Court's decision in Griswold v. Connecticut, and concludes that Bork's theory does not perform as advertised and in fact -- contrary to Bork's representations -- actually supports the outcome reached by the Supreme Court in the Griswold case. It nonetheless concludes that original understanding interpretation has something to offer, if not as much as Bork claims.

Keywords: reynolds, bork, penumbra, original understanding, griswold, connecticut

Suggested Citation

Reynolds, Glenn Harlan, Sex, Lies and Jurisprudence: Robert Bork, Griswold, and the Philosophy of Original Understanding. Georgia Law Review, Vol. 31, p. 1045, 1990. Available at SSRN: https://ssrn.com/abstract=979786

Glenn Harlan Reynolds (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996-1810
United States
865-974-6744 (Phone)

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