PropertyProf Blog

Editor: Stephen Clowney
Univ. of Kentucky College of Law

A Member of the Law Professor Blogs Network

Monday, October 29, 2012

Sprankling on the Property Jurisprudence of Justice Kennedy

SpranklingJohnJohn Sprankling (McGeorge) has posted The Property Jurisprudence of Justice Kennedy (McGeorge Law Review) on SSRN.  Here's the abstrac:

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.

Steve Clowney 

http://lawprofessors.typepad.com/property/2012/10/sprankling-on-the-property-jurisprudence-of-justice-kennedy.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef017ee483dbbb970d

Listed below are links to weblogs that reference Sprankling on the Property Jurisprudence of Justice Kennedy:

Comments

Post a comment