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NCJRS Abstract

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NCJ Number: 42709 Find in a Library
Title: STANDARDS OF JUDICIAL REVIEW UNDER THE EQUAL PROTECTION AND DUE PROCESS CLAUSES
Journal: SOUTHERN CALIFORNIA LAW REVIEW  Volume:50  Issue:4  Dated:(MAY 1977)  Pages:689-718
Author(s): S H BICE
Corporate Author: University of Southern California
United States of America
Date Published: 1977
Page Count: 25
Sponsoring Agency: University of Southern California
Los Angeles, CA 90089
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE REVIEWS RECENT SUPREME COURT DECISIONS ON INDIVIDUAL CONSTITUTIONAL RIGHTS, FOCUSING SPECIFICALLY ON THE STANDARDS OF REVIEW USED BY THE COURT IN APPLYING THE DUE PROCESS AND EQUAL PROTECTION CLAUSES.
Abstract: BEFORE REVIEWING THE VARIOUS STANDARDS WHICH THE COURT HAS DEVELOPED, THIS ARTICLE IDENTIFIES THE NATURE AND SOURCE OF THE RESTRAINTS WHICH COURTS HAVE SAID THE FEDERAL CONSTITUTION IMPOSES. THE STANDARDS EXAMINED IN THIS ARTICLE INCLUDE THE RATIONAL BASIS TEXT, THE STRICT SCRUTINY OR COMPELLING STATE INTEREST TEST, AND AN INTERMEDIATE 'BALANCING' STANDARD. AS THIS PAPER WAS ORIGINALLY DESIGNED FOR PRESENTATION TO WEST GERMAN CONSTITUTIONAL LAWYERS, IT PROVIDES A BASIC OVERVIEW OF CONSTITUTIONAL ADJUDICATION UNDER THE DUE PROCESS AND EQUAL PROTECTION CLAUSES IN THE UNITED STATES. (AUTHOR ABSTRACT MODIFIED)...DMC
Index Term(s): Constitutional Rights/Civil Liberties; Equal Protection; Judicial decisions; Judicial review; Right to Due Process; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=42709

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