Sentences with phrase «equal protection analysis»

This question, required by Turner in certain capital cases, demonstrates the inapplicability of traditional equal protection analysis to a jury voir dire seeking an impartial jury.

I'm not getting into the whole equal protection analysis.

Not exact matches

But the animus analysis reaches the same result, for a class is allegedly picked out and bullied in violation of the equal protection clause; whether the class is entitled to special judicial protection doesn't matter if the legislators or voters can be ascertained to have a suspect motive.

Should the Supreme Court rule that disparate impact analysis violates the Equal Protection clause, OCR's attempts to micromanage school discipline and finance should come to a quick close.

If a teacher sues on the basis that a policy unconstitutionally denies them «substantive due process» or equal protection, a judge will consider their complaint under what's known as a «rational basis analysis,» meaning the judge will look to see if the policy can be shown to have any kind of rational relation to a legitimate government issue.

Being a circuit court opinion, it goes into far more depth on the analyses of equal protection and due process, which is worth reading.

Book 3 of Volume 49 contains the analysis of Jennifer M. Smith covering equal protection and access to civil justice.

1; Redish, Preferential Law School Admissions and the Equal Protection Clause: An Analysis of the Competing Arguments, 22 UCLA L.Rev.

Just extend the full benefits of equal protection laws to gays in terms of a protected class analysis and then you prevent discrimination, ban peremptory strikes based on sexual orientation, and allow for Batson challenges when it appears that being gay was the reason for the strike.