Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Black Lives Matter (1)
- Civil recourse (1)
- Constitutional change (1)
- Constitutional law (1)
- Constitutions (1)
-
- Direct democracy (1)
- Doe v. McKesson (1)
- Firefighters' rule (1)
- Free speech (1)
- January 6th (1)
- Land use (1)
- Liability (1)
- Officers (1)
- Police (1)
- Protest (1)
- RLUIPA (1)
- Religious discrimination (1)
- Religious freedom (1)
- State constitutions (1)
- Tort (1)
- Trump (1)
- United States Supreme Court (1)
- Zoning (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
"Zoning" Matters: Rluipa And The New Normal Of Religious Discrimination, Michael Allan Wolf
"Zoning" Matters: Rluipa And The New Normal Of Religious Discrimination, Michael Allan Wolf
UF Law Faculty Publications
The protection of religious freedom under federal law waxes and wanes, depending on two unpredictable factors: judicial activism and congressional action. A review of dozens of cases involving alleged violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), including two recent cases heard by the Supreme Court and the Fourth Circuit, reveals for the first time that many litigants and judges have ignored the congressional injunction to limit the reach of RLUIPA to two (and only two) forms of land-use regulation: zoning and landmarking. Plaintiffs have instead used RLUIPA to challenge water and sewer, septic, fire prevention, building, …
American Democracy And The State Constitutional Convention, Jonathan L. Marshfield
American Democracy And The State Constitutional Convention, Jonathan L. Marshfield
UF Law Faculty Publications
Fears about the health of American democracy are high. And with the Supreme Court loosening federal constraints and returning critical substantive issues to the states, there is new and particular interest in the democratic quality of state institutions. While some see opportunity in this decentralization, there is also good reason to believe that many states are failing to deliver on America’s democratic ideals. There are growing concerns, for example, that many state legislatures are enacting laws wildly misaligned with majority preferences on important issues like guns, abortion, LGBTQ+ rights, and healthcare. There are also deeper structural concerns regarding partisan gerrymandering, …
Tort Liability For Physical Harm To Police Arising From Protest: Common-Law Principles For A Politicized World, Ellen M. Bublick, Jane R. Bambauer
Tort Liability For Physical Harm To Police Arising From Protest: Common-Law Principles For A Politicized World, Ellen M. Bublick, Jane R. Bambauer
UF Law Faculty Publications
When police officers bring tort suits for physical harms suffered during protest, courts must navigate two critically important sets of values—on the one hand, protesters’ rights to free speech and assembly, and on the other, the value of officers’ lives, health, and rights of redress. This year courts, including the United States Supreme Court, must decide who, if anyone, can be held accountable for severe physical harms suffered by police called upon to respond to protest. Two highly visible cases well illustrate the trend. In one, United States Capitol Police officers were injured on January 6, 2021, during organized attempts …