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Constitutional Law

: Ninomania

By David M. Wagner

Substantive Due Process and Unenumerated Rights: confronted with the Janus-face of the current Court, what's a student to due -- er, do?A student asks:In Con Law II class, I tried at the beginning of class to very poorly state an argument on why an incestuous Plaintiff ][i.e., a plaintiff arguing that incest is an unenumerated right protected by the Due Process Clause] would be able to win under

Full post as published by Ninomania on November 11, 2009 (boomark / email).