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Examples
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Lawrence, which I like on policy grounds, grounded its decision on a Fourteenth Amendment concept of liberty to engage in private sexual conduct that has the same smell of overreachingness as did the eventually discredited concept of liberty of contract.
The Volokh Conspiracy » Rare (Partial) Victory in Second Amendment Case: 2009
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Lawrence, which I like on policy grounds, grounded its decision on a Fourteenth Amendment concept of liberty to engage in private sexual conduct that has the same smell of overreachingness as did the eventually discredited concept of liberty of contract.
The Volokh Conspiracy » Rare (Partial) Victory in Second Amendment Case: 2009
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