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Constitutional Law

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Florida State University College of Law

1987

Articles 1 - 12 of 12

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Response, Lea Brilmayer Oct 1987

Response, Lea Brilmayer

Florida State University Law Review

Professor Brilmayer responds to the commentaries of Professors Laycock, Tushnet, and George.


Asking The Right Questions, Lawrence C. George Oct 1987

Asking The Right Questions, Lawrence C. George

Florida State University Law Review

Professor George analyzes what he sees as Professor Brilmayer's major thesis: that neither modern choice of law nor equal protection principles provide a sound basis for jurisdictional doctrine. Concluding that she has failed to consider a possible Critical Legal Studies approach to the problems she poses, he suggests one.


Equality And The Citizens Of Sister States, Douglas Laycock Oct 1987

Equality And The Citizens Of Sister States, Douglas Laycock

Florida State University Law Review

Professor Laycock's commentary is written in response to Lea Brilmayer's article in this edition. Brilmayer and Laycock agree that states owe equal treatment to citizens of sister states, and that the obligation does not extend to the exercise of government power. But Laycock would derive these rules from constitutional text and structural needs of the federal union. He think that Brilmayer's broader political theory is only marginally relevant to their shared conclusion.


State V. Mid-Florida Growers, Inc., 505 So. 2d 592 (Fla. 2d Dca 1987), Jonathan Sjostrom Oct 1987

State V. Mid-Florida Growers, Inc., 505 So. 2d 592 (Fla. 2d Dca 1987), Jonathan Sjostrom

Florida State University Law Review

Constitutional Law-PUBLIC PERIL AND PRIVATE PROPERTY IN THE TAKINGS CLAUSE


California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers Oct 1987

California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers

Florida State University Law Review

Employment Law/Constitutional Law-STATE LAWS PERMITTING PREFERENTIAL TREATMENT OF PREGNANT EMPLOYEES UNDER THE PREGNANCY DISCRIMINATION ACT


The Court Confronts The Gerrymander, Josseph C. Coates, Iii Jul 1987

The Court Confronts The Gerrymander, Josseph C. Coates, Iii

Florida State University Law Review

No abstract provided.


Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr. Jul 1987

Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.

Florida State University Law Review

In School Board v. Arline, the United States Supreme Court determined that people who suffer from tuberculosis can be protected from employment discrimination by the Rehabilitation Act of 1973. Arline is certain to affect people afflicted with AIDS-related disorders who suffer discrimination. In this Article, Professor Wasson examines the Arline decision and the effect it will have on AIDS-related discrimination. Also, he examines provisions of the United States Constitution, acts of Congress, state law, and municipal ordinances, all of which might provide alternative measures of protection for those who suffer AIDS-related discrimination.


City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton Apr 1987

City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton

Florida State University Law Review

Constitutional Law-DRUG TESTING OF FLORIDA'S PUBLIC EMPLOYEES: WHEN MAY A PUBLIC EMPLOYER REQUIRE URINALYSIS?


Constitutional Stumbling Blocks To Legislative Tort Reform, Kenneth Vinson Apr 1987

Constitutional Stumbling Blocks To Legislative Tort Reform, Kenneth Vinson

Florida State University Law Review

Recent attempts by state legislators to reform the tort system have frequently been struck down by the courts on constitutional grounds. In this light, the author reviews the hostile judicial reactions to tort reform from the turn-of-the-century challenges to workers' compensation schemes through present day reform efforts. In the discussion of modern day efforts, the author focuses on attempts by the Florida Legislature to deal with the insurance crisis and then examines the Florida Supreme Court's use of state constitutional provisions to block these efforts. The author concludes that the judiciary should allow the legislature and the voters a freer …


Expensive Speech, Neil Skene Jan 1987

Expensive Speech, Neil Skene

Florida State University Law Review

SUING THE PRESS: LIBEL, THE MEDIA, AND POWER. By Rodney Smolla. New York: Oxford University Press. 1986. Pp. 277.


Power To The People? A Critique Of The Florida Supreme Court's Interpretation Of The Referendum Power In Florida Land Company V. City Of Winter Springs, 427 So. 2d 170 (Fla. 1983), Patricia Leary Jan 1987

Power To The People? A Critique Of The Florida Supreme Court's Interpretation Of The Referendum Power In Florida Land Company V. City Of Winter Springs, 427 So. 2d 170 (Fla. 1983), Patricia Leary

Florida State University Law Review

No abstract provided.


The Confrontation Clause And The Hearsay Rule: A Problematic Relationship In Need Of A Practical Analysis, Joel R. Brown Jan 1987

The Confrontation Clause And The Hearsay Rule: A Problematic Relationship In Need Of A Practical Analysis, Joel R. Brown

Florida State University Law Review

No abstract provided.