:: Electric Psychedelic Pussycat Swinger's Club ::

:: Thursday, May 15, 2003 ::

one last final to go

(this is it.)

substantive due process - analysis:
if fundamental right = strict scrutiny > compelling state interest/necessary means?
if non-fundamental right = rational basis > legitimate state interest/rationally related means?
(econ. & social welfare almost always non-fun., since post-lochner. mention switch result of FDR's new deal/ct pack pln)

procedural due process - analysis:
state depriv. of "life", "liberty", or "property"
must be something you already had vs. trying to obtain (i.e. apply job vs. already have job)
formula: (potential loss to P) x (risk of error w/o add'l proced.) > state burden

when to use subst. vs. proced.:
subst. = usually when broad classification (i.e. age, residence, etc.)
proced. = w/r/t individual analysis (i.e. moral turpitude, etc.)

my strategy for tomorrow's con law exam:
kick ass and take names.
if that fails - go home and cry.
after wiping away the tears (of joy & of sorrow), go drink.
get drunk and celebrate SURVIVING 1st year
(repeat last step for the rest of the summer)

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