All Articles tagged strict scrutiny

• 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.