Deciphering Con Law Flashcards
1
Q
B of Ps on Subst. Due Pro or Equal Protection Claim.
Hint - just like legis.
A
SUBST. DUE PRO. ----------- Rational basis test, de novo. ----------- PL: Arb & capric LG: Fairly debatable & rational basis w/ public purp. ----------- Just like legis. WHY? land use + zoning are related to econ & social welfare, deferred to govt.
2
Q
Title 7 vs. 1981. National Origin
A
Title 7 - national orig.
1981 -
1) NO ntl origin.
2) BUT has race, ancestry or ethnic charac.
3) So claim focuses on ethnicity, not nation of origin. (essentially color)
3
Q
How remember punitive damages are available under 42 USC 1981?
A
Punis are old timey. 1981 is associated w/ immediate post-slavery. ‘1981’ is the earliest (oldest) # of the civil rt czs.
4
Q
Bottom line use of 1983.
A
42 USC 1983
- Against Officials & LGs for custom or policy.
- As door opener for 1981 + other const. claim.
- LEO excessive use.
5
Q
What other theories of recovery offer 1981’s damages?
A
Punis + JEFF + Lost Benes ----------- All #s + A.M. ALE ----------- 1981, 1983, 1985 [A.M. ALE - drinking in the a.m.? that's a lot of liquid] Adea fMla (3 yrs) + interest Ada fLsa (3 yrs) Epa (3 yrs)
