denied its rightful status within the federal system." (152) Maintaining the well-being of the populace is an interest held collectively by the community; it is for this reason that the criminal laws, which exist to protect the well-being of the public, constitute public rights.
withheld protection from them.
This then leads to network costs being covered discriminatorily
by the major Internet players, the most obvious examples being Facebook with its free basics offer or Google Free Zone.
As early as 1993, the Board ruled that an employer could not discriminatorily
allow employees to use the email system for all types of communications except to organize a union.
The internal consistency test analyzes how interstate commerce is treated under a hypothetical fact pattern where every state adopts that same tax scheme; however, the third prong of the Complete Auto test avoids looking at "the formal language of the tax statute but rather [examines] its practical effect" to determine if interstate commerce is treated discriminatorily
(37) For another, as discussed below, they disproportionately and discriminatorily
target children of color and children with disabilities.
Are panvasive actions affecting large groups of people more inimical to government legitimacy or, as suggested by the majority in Vemonia, (134) are suspicion-based actions that end up erroneously, and perhaps discriminatorily
, singling out individuals more likely to antagonize the populace and occasion a greater overall sense of intrusiveness?
While, legally, employers and medical insurance companies can't use your genetic information discriminatorily
, life insurance companies don't yet have that restriction upon them.
But the past few months have been fruitful for litigators, as several courts have struck down or modified voting laws--mostly on photo ID--because they discriminatorily
prevent some citizens from casting ballots.
focused on whether tax credits were being discriminatorily
(18) The same is true when the government denies a party a benefit because of that party's protected speech or association, and in turn, chills private speech discriminatorily
. (19) This unconstitutional conditions doctrine prevents government benefits from being conditioned on the waiver of a constitutional right.
Even the smaller states pursuing nuclear power are usually treated discriminatorily
. For instance, there's no objection to Israel, India and Pakistan possessing nuclear warheads, while Iran has been under mounting pressure for some 12 years to abandon its nuclear program.