LEB 320F notes 2/14 - LEB 320F 2/14/08 TOPICS: 1. Equal...

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LEB 320F 2/14/08 TOPICS: 1. Equal Protection (14 th Amendment) 2. Due process (5 th Amendment) 3. Free Speech (1 st Amendmentt) 4. Article I 5. Overview: tort law EQUAL PROTECTION - Stated in the 14 th amendment (equal protection clause has been around since 1868) o The govt has a law/policy that makes distinction b/w types of ppl…. “Rational” = most discrimination The govt has to give a rational reason to the court for making discrimination ***Note: almost every time that the govt is sued for discrimination, the govt successfully convinces the court that there is a rational reason for doing so and thus win the case Michigan tuition case example “Important” = age, gender (note that before 1981, gender discrimination fell under the rational category rather than the “important category – thus the govt could often discriminate genders by justifying their policies w/ only a “rational” argument) In general, the govt wins half the time / loses half the time Example = safeguards against elderly drivers (applies to age discrimination) o ***Note: states almost always win discrimination cases concerning age Example = women’s acceptance in ____ college ? o
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This note was uploaded on 03/19/2008 for the course LEB 320F taught by Professor Bredeson during the Spring '08 term at University of Texas at Austin.

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LEB 320F notes 2/14 - LEB 320F 2/14/08 TOPICS: 1. Equal...

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