Liberty and Privacy -- Marriage and the Family
Despite Justice Hugo Black's funeral oration for the substantive due process philosophy 1 that informed Lochner v. New York, since 1923 the Fifth and Fourteenth Amendments have become prolific sources of personal liberty and privacy rights.2 Two years after Black pronounced the "second death of substantive due process," Justices John Marshall Harlan (II) and Byron____________________
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Publication information: Book title: Liberty, Property, and Privacy:Toward a Jurisprudence of Substantive Due Process. Contributors: Edward Keynes - Author. Publisher: Pennsylvania State University Press. Place of publication: University Park, PA. Publication year: 1996. Page number: 154.
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