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Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn
Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn
Law Faculty Publications
On September 30, 2022, several members of the faculty of the Thomas R. Kline School of Law of Duquesne University presented a Continuing Legal Education program, New Supreme Court Cases: Duquesne Law Faculty Explains, reviewing these developments. Duquesne Law Review graciously invited the faculty panel to contribute their analysis of these cases from the Supreme Court's 2021- 2022 term for inclusion in this symposium issue of the Law Review.
Substantive Due Process In Exile: The Supreme Court's Original Interpretation Of The Due Process Clause Of The Fourteenth Amendment, Natalie Banta
Substantive Due Process In Exile: The Supreme Court's Original Interpretation Of The Due Process Clause Of The Fourteenth Amendment, Natalie Banta
Law Faculty Publications
No abstract provided.
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Law Faculty Publications
Racial classifications carry the largest taint and require the most justification. Strict scrutiny-the level of scrutiny with which the remainder of the article will be concerned-requires that race-based differentiation serve a compelling state interest and be narrowly tailored to serve that interest, guaranteeing that the reason for the differentiation is extremely important and that the link between the means chosen to meet the ends is extremely tight. Though strict scrutiny is difficult to survive, it is triggered only when a state actor engages in intentional or purposeful racial discrimination. Controversy surrounds whether such a trigger is necessary. However, rather than …