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Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
An example of a court using intermediate scrutiny came in Craig v. Boren, 429 U.S. 190 (1976), which was the first case in the United States Supreme Court which determined that statutory or administrative sex-based classifications were subject to an intermediate standard of judicial review. [4] In Mississippi University for Women v.
Under a rational basis test, the burden of proof is on the challenger so laws are rarely overturned by a rational basis test. [ 39 ] There is also a middle level of scrutiny, called intermediate scrutiny , but it is used primarily in Equal Protection cases, rather than in Due Process cases: "The standards of intermediate scrutiny have yet to ...
Another example is the D.C. Circuit Court's 2007 ruling in Abigail Alliance v. von Eschenbach that compelling government interest was demonstrated in the restriction of unapproved prescription drugs. [1] The burden of proof falls on the state in cases that require strict scrutiny or intermediate scrutiny, but not the rational basis.
David Croteau and William Hoynes suggest that the prevalence of photographic images has blurred the distinction between image and reality, referring to pseudo-events, in Daniel Boorstin's words – such as press conferences, televised political debates, or 'photo opportunities' - that exist only to create images.
Art criticism includes a descriptive aspect, [3] where the work of art is sufficiently translated into words so as to allow a case to be made. [2] [3] [7] [11] The evaluation of a work of art that follows the description (or is interspersed with it) depends as much on the artist's output as on the experience of the critic.
The mythological Judgement of Paris required selecting from three incomparable alternatives (the goddesses shown).. Decision theory or the theory of rational choice is a branch of probability, economics, and analytic philosophy that uses the tools of expected utility and probability to model how individuals would behave rationally under uncertainty.
Rational choice theory (RCT) is a theoretical framework postulated on the belief that every decision made by an individual is done so by means of a thorough consideration of all substantiated benefits in comparison with the known costs of making a specific choice in a given situation. [10]