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Rational Basis

6 published works

  1. 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…

  2. inversecondemnation.com

    9th Circuit Weeps For Property Owners Subject To “Long Odyssey,” But Still Rules Against Them

    By Robert H. Thomas

    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…

  3. inversecondemnation.com

    Epstein On Kelo’s Rational Basis Test: “You think two plus two equals five, and I don’t know how to add.”

    By Robert H. Thomas

    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…

  4. Sentencing Law and Policy

    Third Circuit strikes down part of Pennsylvania’s sex offender notification statute

    By Douglas Berman

    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…

  5. inversecondemnation.com

    2007 Land Use in Review: Hawaii Supreme Court Lowers the Bar in Equal Protection “Rational Basis” Analysis

    By Robert H. Thomas

    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…

  6. inversecondemnation.com

    ▪ HAWSCT Lowers The Bar in Equal Protection “Rational Basis” Analysis

    By Robert H. Thomas

    "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…