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Law Review: Strict in Theory, but Accommodating in Fact?

By Alliance Alert

Ozan O. Varol, Strict in Theory, but Accommodating in Fact? (August 22, 2009). Missouri Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1459810 "This Article is an analysis and critique of deferential strict scrutiny. The Article reveals inconsistencies in the Court?s use of run-of-the-mill strict scrutiny and deferential strict scrutiny, which have left the lower courts in a quandary as to which version of strict scrutiny to apply and when. The Article argues that, if unconstrained, this newly minted version of strict scrutiny - which allows the government to avoid an exacting constitutional inquiry - puts at risk the very liberties that strict scrutiny was designed to protect."

Full post as published by Constitutionally Correct on March 29, 2010 (boomark / email).