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Full-Text Articles in Law

Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2019

Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2019

Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Process Scrutiny: Motivational Inquiry And Constitutional Rights, Joseph Landau Jan 2019

Process Scrutiny: Motivational Inquiry And Constitutional Rights, Joseph Landau

Faculty Scholarship

Judicial inquiries into political branch motivation have long bedeviled courts and scholars. Especially vexing are questions regarding judicial review of facially neutral government action. The canonical decision in this arena, Washington v. Davis, holds that facially neutral legislation or administrative action resulting in a disparate impact on the basis of race or gender will not on its own trigger heightened scrutiny. In order to invoke more careful scrutiny of government action, there must be evidence of discriminatory intent. Many scholars understand the Court’s intent doctrine to license malintent by encouraging policymakers to conceal invidious purposes behind facially neutral language. For …