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The Paradox of Balancing Significant Interests

Posted: 14 Mar 2010  

Stephen E. Gottlieb

Albany Law School

Date Written: 1994


Addresses the changing constitutional discourse on the Court, argues that the justices have no choice but to balance rights and “interests” regardless of their verbal formulas, and explores the consequences of taking a principled approach to rights and interests.

Keywords: Balancing, Compelling government interests, Constitutional law, Decision theory, Discretion, Fundamental rights, Incrementalism, Intentions, Interpretation, Interpretive consistency, Jurisprudence, Positive rights, Rational choice, State Action, Strict scrutiny, Supreme Court

Suggested Citation

Gottlieb, Stephen E., The Paradox of Balancing Significant Interests (1994). Hastings Law Journal, Vol. 45, No. 825, 1994. Available at SSRN:

Stephen Gottlieb (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518-445-2348 (Phone)

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