Perspective
Jul. 22, 2011
Rational basis review v. Rule 12(b)(6), who wins?
Two seemingly innocuous and straightforward rules of law converge to form a perplexing situation. By Bryan L. Hawkins of Allen Matkins Leck Gamble Mallory & Natsis LLP
It goes without saying that our laws are complex. We as attorneys are paid to deal with and resolve these complexities in our clients' favor. Occasionally, however, we are faced with a situation where two seemingly innocuous and straightforward rules of law converge to form a situation that courts themselves have defined as "perplexing." This is the situation created when a defendant seeks to dismiss a constitutional claim not in...
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