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The principled constitutionalism of Justice Anthony M. Kennedy.
Justice Kennedy is the nation's most influential jurist, but he is given little respect as a constitutional and legal thinker. Often called the "swing justice" for his pivotal position between the Supreme Court's "liberal" ...
Balancing liberty of contract with police power : a Hobbesian approach.
Modern liberal society exists by negotiating a fine balance between the liberty of the citizen and the authority of the state. Yet, as the years put distance between our founding principles and their execution, we have ...
The role of the Supreme Court in antitrust enforcement.
For more than one hundred years, American antitrust laws have helped to define the legal framework supporting the continuously expanding and developing American economy. This legal framework has not remained unchanged; ...
Liberty in full : Justice Stephen Field's cooperative constitution of liberty.
In this dissertation, I examine 19th century Supreme Court Justice Stephen Field’s understanding of liberty. Scholars often define Field’s liberty solely as opposition to government regulation. I challenge this position, ...
Justice Anthony M. Kennedy and substantive due process : why the most powerful judge in American history isn't as crazy as everyone thinks he is.
This dissertation seeks to challenge the widely accepted characterization of Associate Justice Anthony Kennedy as a political moderate or ‘swing’ Justice. Looking at one of the most contentious areas of constitutional ...
E pluribus unum : the limits of religious pluralism in American liberal democracy.
"Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof." Often inferred from the religion clauses of the First Amendment of the United States Constitution are the ...