... that has fatefully shaped our constitutional politics and law. This Article explores the confli.... Important questions of law are at stake in how we describe divisions o...'s decision to readminister a civil service exam for fire department officers because the City was ...
A popular myth in American constitutional law is that the "strict scrutiny" standard of review applied to enforce rights such as free speech and equal protection is strict in theory and fatal in fact. In recent years, however, this traditional understanding of strict scrutiny's inevitable deadliness has been challenged, most notably by Justice Sandra Day O'Connor. Rather than create insurmountable hurdles that indiscriminately invalidate laws, O'Connor argued, the fundamental purpose of strict scrutiny is to take relevant differences into account. This article contributes to this debate by offering a systematic empirical study of strict scrutiny in the federal courts. There is one area of law in which strict scrutiny has been widely recognized to be less than fatal in practice: free exe...
... differences that courts deem relevant? Examining the strict scrutiny cases at the macro level, this... scrutiny data to consider a series of questions related to the extent to which context matters in ...
....This case arises from serious constitutional violations inCalifornia's prison system. The viola..."Exam tables and counter tops, where prisonerswith . . .... "[t]o theextent that it illuminates questions that are properlybefore the court." App. 2339. ...
....This case arises from serious constitutional violations inCalifornia's prison system. The viola..."Exam tables and counter tops, where prisonerswith . . .... "[t]o theextent that it illuminates questions that are properlybefore the court." App. 2339. ...
... religious politics in Iran, we must also examine the politics of religion or, more precisely, Iran'... Pahlavi shahs had to work within a constitutional framework that not only defined the government as ... to Religious Islamic ideology Questions (domestic) National Center for $2,000,000 Answers ...
... his office in order to avoid such constitutional violations. Before trial, Connick conceded that th...The Court posed thehypothetical example of a city that arms its police forcewith firearms... that guidance regarding specificBrady questions would not assist prosecutors. But showing merely...
Portland lawyer Jon Gale periodically serves as "lawyer of the day" in district court, representing defendants in arraignments. The defendants have already had their bail set by one of the state's bail commissioners, independent contractors whose position was created by the Legislature 128 years ago.
... graduates who have passed the rigorous bar exam. On the other hand, there are no educational requi..."There's a lot of legal and constitutional education that any judicial official -- a bail com...But they each had their own set of questions about the defendant and opinions about which facto...
...(City), uses objective examinations to identify those firefighters best qualified for ... are themselves based on raceare constitutional only where there is a strong basis in evidence tha... and the painstaking analyses of the questions asked to assure their relevance to the captain and...
While Fayyad's cabinets have not been able to extend their authority outside of West Bank cities and towns, the resumption of Israeli revenue transfers (Israel collects a large portion of Palestinian tax revenues when goods destined for Palestinian markets pass through Israeli ports) and a massive international assistance effort has assured the fiscal health of the Ramallah-based PA since June 2007. West Bank civil servants have been paid almost regularly, despite some unpaid arrears and delays in assistance delivery; debilitating restrictions on movement have been diminished; and the Ramallah PA security services have cracked down on Hamas and launched a law-and-order campaign on West Bank streets, which have earned Israeli praise and facilitated the partial relaxation of strangulatin...
... package of fiscal, governance, and constitutional reforms that elevated Fayyad to finance minister a... and Fatah lie as much in political questions as religious ones. The gaps seem most severe on th... the tawjihi (the high school matriculation exam) is there close coordination between the two Autho...
...Congress clearly has primary constitutional authority in setting federal preemption policy, bu...Such analyses have suggested, for example, that the Court is better suited to make some pree... to answer constitutional federalism questions. (12) They have also suggested that agencies may b...
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