K- March 9 - March 9, 2011 A-law and Politics in the news...

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March 9, 2011 A-law and Politics in the news 1- Lawsuits for DNA testing a. Man convicted of murder b. Wants his lawyers to access DNA c. Texas Court said trial was over and that he was out of time d. Defendant sued under federal court- WINS 2- Judicial activism/restraint a. The question of liberty a.i. Last time: economic regulation and liberty a.ii. Today: civil (personal) liberties B-Questions: 1- What type of scrutiny should the courts use in examining questions of liberty under the 14 th amendment? 2- What kind of liberty deserves strict scrutiny? 3- What does due process protect? a. Procedural/substantive? C-Judicial Activism/Restraint 1- Liberty of contract a. Tension between changing economic systems that are creating work place conditions that dictate to employees what their work place will be like 2- Procedural vs Substantive Due Process a. Procedural : if the government follows the rules, it can deprive you of life, liberty, property a.i. tends to lead to more judicial restraint
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K- March 9 - March 9, 2011 A-law and Politics in the news...

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