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Scrutiny Land

Book •
Randy Marnett's 'Scrutiny Land' investigates how courts apply different levels of scrutiny in constitutional cases and critiques the evolution of judicial review practices.

The book argues for a more consistent and principled approach to protecting individual liberties by re-centering the presumption of liberty.

Marnett traces doctrinal history and demonstrates how varying standards of review have shaped substantive outcomes in areas like free speech, property, and economic regulation.

Through legal analysis and case studies, the book proposes reforms to ensure rights receive appropriate judicial protection.

It is aimed at scholars, practitioners, and students interested in constitutional law and judicial doctrine.

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Mentioned in 1 episodes

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Kevin Frazier
as a deep dive into judicial review and the presumption of liberty.
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