LAW 5021 Lecture Notes - Lecture 7: Social Issue, Disparate Impact, Negative And Positive Rights

• School: Cornell University
• Department: Law
• Course: LAW 5021
• Professor: Barbara Holden Smith

Document Summary

Xx: individual rights: tiers of scrutiny: strict scrutiny. Triggered by discrimination based on a suspect class or selective burdening of a fundamental interest. Means that are narrowly tailored to achieving that interest: intermediate scrutiny. Triggered by discrimination on the basis of gender: and 2)- heightened scrutiny. For heightened- cite griggs: rational basis review. Discrete and insular, disabled in political process. Relation to policy or to ability to contribute. How does rational basis review relate to separation of powers in the wake of the new. Tiers of scrutiny developed simultaneously with desegregation (schools). After new deal- court reluctant to strike down legislation. But slowly over time developed areas for equal protection clause. Some forms of inequality are ok (treating high lsat takers differently): u. s. v. carolene products (1938) economic regulation. Law at issue: filled milk act (like margarine- to make it cheaper). Congress (regulatory power)- uses commerce to ban it altogether.