All Articles tagged scrutiny

• General
  June 11, 2017 EDT
  SEX-BASED CITIZENSHIP CLASSIFICATIONS AND THE “NEW RATIONALITY”
  Martha F. Davis

  This article will examine sex-based citizenship challenges, including Nguyen and Morales-Santana, through the lens of this new rational basis review.

• General
  January 01, 2013 EDT
  ENCOURAGING CONGRESS TO ENCOURAGE SPEECH: REFLECTIONS ON UNITED STATES V. ALVAREZ
  Jeffery C. Barnum

  This article attempts to shed some light on the path forward for the legislative branch, bifurcating (as does the Alvarez decision) to address the harms posed by false claims of...

• General
  January 01, 2006 EDT
  REDEFINING DUE PROCESS ANALYSIS: JUSTICE ANTHONY M. KENNEDY AND THE CONCEPT OF EMERGENT RIGHTS
  Lisa K. Parshall

  This article argues that Justice Kennedy may be carving out a new category of rights that are entitled to the Court’s heightened solicitude.

• General
  January 01, 2006 EDT
  ORDINARY AND ENHANCED RATIONAL BASIS REVIEW IN THE MASSACHUSETTS SUPREME JUDICIAL COURT: A PRELIMINARY INVESTIGATION
  Lawrence Friedman

  This Article examines the cases in which the Massachusetts Supreme Judicial Court has applied enhanced rational basis scrutiny.