Standardsofreviewflow - on class Disparate impact on...

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EQUAL PROTECTION STANDARDS OF REVIEW Victim Perspective Perpetrator Perspective If factors 3 & 4 are also satisfied, strict scrutiny applies If factors 1 & 2 are satisfied, the equal protection clause applies Prof. Manheim Constitutional Law II Fall, 2006 Focus is on govern- ment action and role Focus is on end result Substantive Equality Process Equality Equality of Treatment Treatment as an Equal Thematic Principles describing "Equal Protection of the Laws" Line of discrimination (class) defined by race (or similar SC) Any other differentiating factor Awareness of disparate impact
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Unformatted text preview: on class Disparate impact on burdened class is intentional Suspect class* Requirement of purpose Private discrimination not tied to state State participates in decision to discriminate State Action requirement Meaning All persons burdened equally One class disadvantaged relative to another This does not This counts Factor Disparate impact 4 3 2 1 Race Because of Discrimination By law intended differentiating factor disparate impact must coincide with vs. vs. * Discrimination with respect to the exercise of a fundamental right will also trigger SS...
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