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    Con Law Flow Chart (EPC & DPC)

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    Ali Ammoura
    The document outlines flowcharts for evaluating equal protection and substantive due process claims. For equal protection, it shows different levels of scrutiny applied based on whether a regulation discriminates based on race, gender, or other characteristics like disability or age. For substantive due process, it evaluates whether a state action interferes with a fundamental liberty interest protected by the Bill of Rights or implicit in ordered liberty, and if so applies strict scrutiny review.

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    Con Law Flow Chart (EPC & DPC)

    Uploaded by

    Ali Ammoura
    7K views2 pages
    The document outlines flowcharts for evaluating equal protection and substantive due process claims. For equal protection, it shows different levels of scrutiny applied based on whether a regulation discriminates based on race, gender, or other characteristics like disability or age. For substantive due process, it evaluates whether a state action interferes with a fundamental liberty interest protected by the Bill of Rights or implicit in ordered liberty, and if so applies strict scrutiny review.

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    The document outlines flowcharts for evaluating equal protection and substantive due process claims. For equal protection, it shows different levels of scrutiny applied based on whether a regulation discriminates based on race, gender, or other characteristics like disability or age. For substantive due process, it evaluates whether a state action interferes with a fundamental liberty interest protected by the Bill of Rights or implicit in ordered liberty, and if so applies strict scrutiny review.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    7K views2 pages

    Con Law Flow Chart (EPC & DPC)

    Uploaded by

    Ali Ammoura
    The document outlines flowcharts for evaluating equal protection and substantive due process claims. For equal protection, it shows different levels of scrutiny applied based on whether a regulation discriminates based on race, gender, or other characteristics like disability or age. For substantive due process, it evaluates whether a state action interferes with a fundamental liberty interest protected by the Bill of Rights or implicit in ordered liberty, and if so applies strict scrutiny review.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    EQUAL PROTECTION FLOWCHARTS RACE

    Is the regulation about race / facially discriminatory?

    Affirmative action?

    Is policy method flexible enough to appropriately promote diversity? Are the means necessary to achieve a compelling state interest?

    YES

    VALID

    YES

    YES NO

    VALID INVALID

    NO

    Is there a disproportionate impact?

    Y Is there enough evidence to suggest a discriminatory purpose?

    Shift burden to government to prove the absence of disc purpose

    If govt cant prove absence, the regulation is invalid and NO compelling interest may override its invalidity

    GENDER

    Is the regulation about gender / facially discriminatory?

    Affirmative action?

    Is policy method flexible enough to appropriately promote diversity?

    YES

    VALID

    YES

    Are the means substantially related to the achievement of an important state interest?

    YES NO

    VALID INVALID If govt cant prove absence, the regulation is invalid and NO compelling interest may override its invalidity

    NO

    Is there a disproportionate impact?

    Is there enough evidence to suggest a discriminatory purpose?

    Shift burden to government to prove the absence of disc purpose

    DISABILITY, AGE, POVERTY, SEXUAL ORIENTATION

    Are the means rationally related to the achievement of the states legitimate interest?

    YES NO

    VALID INVALID

    SUBSTANTIVE DUE PROCESS FLOWCHART

    Does the state action prohibit/interfere with an individual "Liberty" interest?

    Enumerated Bill of Rights Historically protected by law


    YES Is there a fundamental rights deprivation?

    NO

    NO

    Unenumerated "Implicit in the concept of ordered liberty" US-centered Civil Society generally

    YES

    NO SDP claim.

    -Economic Rights - Die -Assisted suicide -sexuality

    Rational Basis legitimate state interest reasonably related

    Strict Scrutiny -Narrowly tailored means -Compelling state interest -Undue burden test? (Carey) Privacy Intimate relations Incorp. BoR Raise children Procreate Contraceptives Ext. family living

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