Martin A. Schwartz, a law professor at Touro College-Jacob D. Fuchsberg Law Center, writes that the governing standard of judicial role plays a powerful role in constitutional litigation between the individual and the government. Highly deferential review typically spells victory for the government while heightened review normally means that the individual will prevail. This is equally true when prisoners assert a violation of a federal constitutional right.
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Public Interest Law
New York Law Journal
April 7, 2005
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