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A “balancing test” is defined as a subjective test with which a court weighs competing interests. For instance, a court would weigh the interest between an inmate's liberty interest and the government's interest in public safety, to decide which interest prevails.
See, e.g. Wilkinson v. Austin, 545 U.S. 2009 (2005).
Contrast: Bright-line rule
[Last updated in July of 2022 by the Wex Definitions Team]
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journal article
Constitutional Law in the Age of BalancingThe Yale Law Journal
Vol. 96, No. 5 (Apr., 1987)
, pp. 943-1005 (63 pages)
Published By: The Yale Law Journal Company, Inc.
//doi.org/10.2307/796529
//www.jstor.org/stable/796529
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Journal Information
The Yale Law Journal publishes original scholarly work in all fields of law and legal study. The journal contains articles, essays, and book reviews written by professors and legal practitioners throughout the world, and slightly shorter notes and comments written by individual journal staff members. The journal is published monthly from October through June with the exception of February.
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For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and sitting judges and Justices. The Journal strives to shape discussion of the most important and relevant legal issues through a rigorous scholarship selection and editing process.
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The Yale Law Journal © 1987 The Yale Law Journal Company, Inc.
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