Statutes of Repose and the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution
November 2006
Citation:
36
ELR 10888
Issue
11
Editor's Summary: The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution serves to protect citizens'rights of access to the judicial system. Statutes of repose and statutes of limitations act to curb this right of access. Garris Ference argues in this Article that state statutes of repose have eroded the federal standard of equal protection and that these statutes may be unconstitutional due to their discriminatory effects. Furthermore, he proposes that certain environmental claims, such as toxic torts, should be construed as exceptions to statutes of repose because, like other typical exceptions such as asbestos, many toxic torts have a long latency period.
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