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Full-Text Articles in Law
Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber
Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber
Missouri Law Review
Justice Blackmun sat on 3,653 cases during his twenty-four terms on the Supreme Court, yet he will surely be best remembered for his role in one case, Roe v. Wade. Seldom has a judicial decision been more controversial. True, many opinions are harshly criticized. But the criticisms of Roe were distinctive. According to critics, Roe was not merely bad law, in some sense it was not law at all. One particularly outspoken critic recently calls Roe "perhaps the most indefensible 'constitutional' decision ever reached by this Court to date' as well as "manifestly and atrociously contrary to the Constitution."
Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini
Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini
Articles
This article explores whether there exists a concept of non-arbitrariness that imposes limitations on the administration of welfare benefits without rules, regulations, policies or procedures. To address this question, the article examines the concept of non-arbitrariness within various jurisprudential doctrines and the potential applicability of the concept to limit arbitrary governmental action in the welfare context. In each of the areas where courts regulate arbitrary governmental action, underlying judicial concerns give rise to jurisprudential principles. Four principles stand out. First, at a minimum, there must be a rational relationship between the government’s ends and the means it chooses to reach …