Topic
Rational Basis
6 published works
Gender and the Law Prof Blog
Rational Basis Review as the Future of Sex Discrimination Challenges
By Tracy Thomas
Katie Eyer, Protected Class Rational Basis Review, 95 N.C. Law Rev. (2017)It is commonplace today to associate rational basis review exclusively with groups that are not formally afforded heightened scrutiny under…
inversecondemnation.com
9th Circuit Weeps For Property Owners Subject To “Long Odyssey,” But Still Rules Against Them
Recently, in Intellectual Laziness on the Supreme Court, a short essay about the Supreme Court's recent Equal Protection decision about unequal property assessments, Professor Richard Epstein wrote, "[i]t’s time to…
inversecondemnation.com
Epstein On Kelo’s Rational Basis Test: “You think two plus two equals five, and I don’t know how to add.”
Whenever a judge turns to rational-basis analysis, he's basically saying, 'You think two plus two equals five, and I don't know how to add.' -Professor Richard Epstein, at an interesting…
Sentencing Law and Policy
Third Circuit strikes down part of Pennsylvania’s sex offender notification statute
Main January 23, 2008Third Circuit strikes down part of Pennsylvania's sex offender notification statuteThanks to this post at DotD, I see that divided panel of the Third Circuit in Doe…
inversecondemnation.com
2007 Land Use in Review: Hawaii Supreme Court Lowers the Bar in Equal Protection “Rational Basis” Analysis
It's a pretty rare event when a court invalidates a law for violating the Equal Protection clauses of either the Hawaii or U.S. Constitution under rational basis review. In Silva…
inversecondemnation.com
▪ HAWSCT Lowers The Bar in Equal Protection “Rational Basis” Analysis
"Rational basis" judicial review in equal protection law, as every law student knows, means virtually no review. As long as the government provides a "plausible" justification for its discrimination between…