Rational basis review

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  • Duane's Argument Essay: The First Amendment

    Duane is a professor for a State university, and as for any public venue, there are time, place and manner restrictions. The manner in which Duane was lecturing was not a political protest, or even with the intention to cause harm. As a public school teacher in a public venue during a regular school day, Duane was simply teaching. The school did not narrowly tailor the policy to a significant enough degree that there remained an ample alternative means of communication. In instances of equal protection claims, the level of judicial review for determining the constitutionality of a federal or state statute that does not implicate either a fundamental right or a suspect classification, is rational basis. Under the rational basis test, the courts will uphold a law if it is rationally related to a legitimate government purpose. As a true last resort, where Duane can make no case for a fundamental liberty interest, State university under rational basis only has one legitimate purpose and that is protecting the health of their students. For Duane, inspiration can be drawn from New York City Transit Authority v. Bezer (1979) it has to be proven that there is no conceivable legitimate purpose, which there is or that the law is not rationally related to it. When a court concludes that there is no fundamental liberty interest or suspect classification at stake, courts tend to consider whether the law is underinclusive, overinclusive, or both. A classification is underinclusive if it…

    Words: 2210 - Pages: 9
  • Reflection: Monitoring My Learning

    How am I going to actively monitor my learning in this course? After I complete the assigned chapter reading before class, I am going to answer the review questions for the chapter to assess my learning. This will give me feedback whether I understand or did not understand certain concepts or terminology within the reading. I will also create flashcards for terminology and vocabulary and actively review them to monitor my retention and learning in this course. Do I find this course interesting?…

    Words: 729 - Pages: 3
  • Weber's Theoretical Rationality

    recognition of world to this earthly and material world. When the world cut its cord from its origin and destination, the only priority with is prominent is describing the present situation of the world and things around. Beginning of rationalism of thoughts must track its origin in Greek philosophy and hidden theoretical rationalism found there. Because by presenting a rationalistic interpretation of the world, religious and heavenly interpretations gradually faded. This kind of novel thought…

    Words: 782 - Pages: 4
  • Mr. Bower Situation Analysis

    Bower provided a brief summary of the year in review by stating we realigning individuals in what they do and have integrated the new business and policy service teams into one team calling them Customer Service and Operation Teams. This will make us more efficient. Another big change we made was to take our United Home Life Customer Service Center, now called the Life Contact Center, and have them take all incoming calls no matter the distribution or what company and it’s working very well.…

    Words: 981 - Pages: 4
  • Personal Narrative: My Lifelong Literacy

    then have my peers review and comment on it was a step forward in my writing process. The impact of having a second and third person read and comment on my work made me understand how beneficial the peer review is. The peer reviews clearly identified grammar mistakes, and I learned that I need to pay closer attention to my use of compound sentences and proper punctuation. It was suggested that I should try reading the paper out loud to help self-review and this had a big impact on my ability to…

    Words: 1673 - Pages: 7
  • She's Come Undone Book Review

    “She’s Come Undone,” by Wally Lamb, a book review from New York Times Database source, provides a lengthy detailed description, for a rather formal audience, with a useful recommendation. However, from the same book, She’s Come Undone, a Goodreads’s user from a Web source, provide a short summary, with no details or specific informational context, for a rather informal audience and also providing a useful recommendation. These two book’s reviews are destine to different audiences, Hilma…

    Words: 703 - Pages: 3
  • Incident Based Nursing Peer Review Process

    Incident-Based Nursing Peer Review Process Incident based peer review take place when a nurse’s action or practice is questionable or a hospital receives a complaint regarding a nurse’s conduct. Therefore, the purpose of the incident based peer review is to determine if a nurse’s action or practice was a minor incident that can be remediated or if the nurse’s continued practice represents “risk of harm” to a patient or other person; In the event that the nurse’s practice is determined to be…

    Words: 940 - Pages: 4
  • Challenges Of Amy Fox's Class

    101 is the ability to “work collaboratively with other students” (3). There is no way to prove that a student has this required ability. A student who has no prior experience reviewing classmates would have a hard time reviewing an outline or discussing a classmate’s paper in class. If a project or paper in Fox’s class relies too heavily on this interaction between students, then the level of review and help each student receives will vary based on who they are paired with. For example, before…

    Words: 1141 - Pages: 5
  • Supreme Court Constitutional Influence

    The True Extent of the Supreme Court’s Constitutional Influence Many Americans currently lack a basic fundamental understanding of the Supreme Court’s origins and workings. The Court is a virtually unacknowledged entity. Unlike the executive or legislative branches, most Americans are only exposed to the Court during a greatly publicized issue—such as affirmative action or doctor assisted suicide. The Supreme Court is entrusted with the Constitution’s preservation through the process of…

    Words: 1734 - Pages: 7
  • Maximization Of Economic Man Theory

    Many economic scholars and researches challenged the question of rationality presented in the Economic Man assumption and developed a new stream in economics known as Behavioral Economics (Fox, 2015). It was discovered by conducting psychological experiments that when making economic decision, people are not always rational (Fox, 2015). New concepts were developed such as heuristics and biases, which prevailed in situations where the data is incomplete or not fully reliable and there is a high…

    Words: 728 - Pages: 3
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