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Full-Text Articles in Law

Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena Feb 2013

Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena

Pepperdine Law Review

No abstract provided.


Suspect Classification And Its Discontents, Susannah W. Pollvogt Jan 2013

Suspect Classification And Its Discontents, Susannah W. Pollvogt

Susannah W Pollvogt

Suspect classification analysis and the associated tiers of scrutiny framework are the primary doctrinal features of contemporary equal protection jurisprudence. How plaintiffs fare under these twin doctrines determines the ultimate fate of their equal protection claims. But neither doctrine finds firm footing in precedent or theory. Rather, a close examination of the United States Supreme Court’s equal protection jurisprudence reveals these doctrines as historically contingent and lacking in any principled justification. But rather than disregard the contributions of these cases altogether, this Article mines that same body of law not for the discrete doctrinal mechanisms developed in each case, but …