Jonathan M. Justl

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Disastrously Misunderstood: Judicial Deference in the Japanese-American Cases

119 Yale L.J. 270 (2009).  This Note offers a new framework to evaluate judicial deference in cases reviewing government actions during national emergencies. Rejecting the conventional approach assessing deference as a matter of degree or as a condition present or not present, this Note offers a nuanced framework to evaluate deference that considers both degree and form. It identifies two...