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Beginning of the Month Notes

by: Brandon Liu

Beginning of the Month Notes PUBP 4833

Brandon Liu

14th Amendment Law
Judge Batten

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About this Document

14th Amendment Law
Judge Batten
Class Notes
25 ?




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This 0 page Class Notes was uploaded by Brandon Liu on Friday February 26, 2016. The Class Notes belongs to PUBP 4833 at Georgia Institute of Technology - Main Campus taught by Judge Batten in Spring 2016. Since its upload, it has received 10 views. For similar materials see 14th Amendment Law in Public Health at Georgia Institute of Technology - Main Campus.


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Date Created: 02/26/16
242016 Railway Express Agency v New York quotLegitimate Purposequot 0 Under inclusive 0 Government has legitimate purpose if it advances a traditional quotpolicequot purpose Protecting safety Public health Public morals 0 Law found constitutional as promoting public safety 0 There was a law that prohibited quotadvertising vehiclesquot but permitted them if the vehicle was engaged in usual business and happened to have an ad on itquot Secondary purpose is ad 0 Concluded that law was constitutional because it could affect traf c safety when people are distracted by prohibited ads NYC Transit v Beazer Over inclusive Beazer and Reyes were recovering heroin addicts undergoing methadone treatment 0 They were red for using methadone Class action law suit citing NYTA was discriminating by race 0 Did NYTA39s prohibition against hiring anyone using methadone violate Title VII of Civil Rights Act or the Equal Protection Clause of the 14th Amendment 0 No and no public safety in not letting narcs work for NYTA Equal Protection 0 Equal Protection was not in original Constitution 0 Wasn39t properly defended when it came in o Wasn39t binding to the federal courts o Is classi cation justi ed by a suf cient purpose Talking about discrimination What is the Classi cation Exists on the face 0 Demonstrate a facially neutral law has a discriminatory impactpurpose What level of scrutiny should be applied 0 Different levels depending on the type of discrimination does not provide protection for sexual orientation 0 Race or national origin has strict scrutiny government has the burden of proof almost always fatal to the challenged law o Rational basis law is almost always upheld rationally related to a legitimate government purpose means chosen only need to be a rational means to the end challenger has the burden of proof 0 Intermediate law is upheld if it is substantially related to an important government purpose government has burden of proof Does the particular government action meet the level of scrutiny Under inclusive 0 Does not apply to people that law needs to apply to serve purpose 0 Over inclusive 0 Covers people that don39t need to be covered 0 Right to vote right to procreate and right to travel other fundamental rights given strict scrutiny


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