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

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