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Articles 31 - 60 of 200
Full-Text Articles in Law
Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner
Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner
Florida State University Law Review
In democracies that allocate to a court responsibility for interpreting and enforcing the constitutional ground rules of democratic politics, the sheer importance of the task would seem to oblige such courts to guide their rulings by developing an account of the nature and prominent features of the constitutional commitment to democracy. The U.S. Supreme Court, however, has from the beginning refused to develop a general account—a theory—of how the U.S. Constitution establishes and structures democratic politics. The Court’s diffidence left a vacuum at the heart of its constitutional jurisprudence of democratic process, and like most vacuums, this one was almost …
Balancing National Security Policy: Why Congress Must Assert Its Constitutional Check On Executive Power, Rebecca Lightle
Balancing National Security Policy: Why Congress Must Assert Its Constitutional Check On Executive Power, Rebecca Lightle
Florida State University Law Review
No abstract provided.
Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena, Steven J. Mulroy, Amy H. Moorman
Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena, Steven J. Mulroy, Amy H. Moorman
Florida State University Law Review
No abstract provided.
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
Florida State University Law Review
Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
Florida State University Law Review
No abstract provided.
Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate
Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate
Florida State University Law Review
No abstract provided.
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida State University Law Review
No abstract provided.
Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres
Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres
Florida State University Law Review
No abstract provided.
Clerk Fees: Legislation And Litigation, J. Marleen Ahearn
Clerk Fees: Legislation And Litigation, J. Marleen Ahearn
Florida State University Law Review
No abstract provided.
The Politics Of Ethics And Elections: Can Negative Campaign Advertising Be Regulated In Florida?, Cleveland Ferguson Iii
The Politics Of Ethics And Elections: Can Negative Campaign Advertising Be Regulated In Florida?, Cleveland Ferguson Iii
Florida State University Law Review
No abstract provided.
Citizen Initiatives In Florida: An Analysis Of Florida's Constitutional Initative Process, Issues, And Alternatives, P. K. Jameson, Martha Hosack
Citizen Initiatives In Florida: An Analysis Of Florida's Constitutional Initative Process, Issues, And Alternatives, P. K. Jameson, Martha Hosack
Florida State University Law Review
No abstract provided.
Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin
Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin
Florida State University Law Review
No abstract provided.
Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock
Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock
Florida State University Law Review
No abstract provided.
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
Florida State University Law Review
No abstract provided.
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Florida State University Law Review
No abstract provided.
When Government Speaks Religiously, E. Gregory Wallace
When Government Speaks Religiously, E. Gregory Wallace
Florida State University Law Review
No abstract provided.
Who Is Advising Our Children?: Custodial Interrogation Of Juveniles In Florida, Elizabeth J. Maykut
Who Is Advising Our Children?: Custodial Interrogation Of Juveniles In Florida, Elizabeth J. Maykut
Florida State University Law Review
No abstract provided.
Public Funds And The Historical Preservation Of Churches: Preserving History Or Advancing Religion?, Dina A. Keever
Public Funds And The Historical Preservation Of Churches: Preserving History Or Advancing Religion?, Dina A. Keever
Florida State University Law Review
No abstract provided.
Protecting The Animals: The Free Exercise Clause And The Prevention Of Ritual Sacrifice, Caroline E. Johnson
Protecting The Animals: The Free Exercise Clause And The Prevention Of Ritual Sacrifice, Caroline E. Johnson
Florida State University Law Review
No abstract provided.
Florida's Constitutional Shield: An Express Right To Be Let Alone By Government And The Private Sector, Scott Denson
Florida's Constitutional Shield: An Express Right To Be Let Alone By Government And The Private Sector, Scott Denson
Florida State University Law Review
No abstract provided.
Joint Ventures, Inc. V. Department Of Transportation, 563 So. 2d 622 (Fla. 1990), Alan W. Roddy
Joint Ventures, Inc. V. Department Of Transportation, 563 So. 2d 622 (Fla. 1990), Alan W. Roddy
Florida State University Law Review
Takings-ISN'T THERE A BETTER APPROACH TO PLANNED CONDEMNATIONS?
Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr.
Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr.
Florida State University Law Review
Constitutional Law-THE FIRST AMENDMENT, NUDE DANCING, AND JUDICIAL ACTIVISM
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
Florida State University Law Review
No abstract provided.
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
Florida State University Law Review
No abstract provided.
The Sun Rises On The Florida Legislature: The Constitutional Amendment On Open Legislative Meetings, Thomas Ross Mcswain
The Sun Rises On The Florida Legislature: The Constitutional Amendment On Open Legislative Meetings, Thomas Ross Mcswain
Florida State University Law Review
No abstract provided.
Cruzan V. Director, Missouri Department Of Health, 110 S. Ct. 2841 (1990), Christopher Supernor
Cruzan V. Director, Missouri Department Of Health, 110 S. Ct. 2841 (1990), Christopher Supernor
Florida State University Law Review
Constitutional Law-IGNORING AN INCOMPETENT PERSON'S CONSTITUTIONAL RIGHT TO FORGO LIFE-SUSTAINING TREATMENT
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
Florida State University Law Review
No abstract provided.
Constitutional Right Or Legislative Grace? The Status Of Conscientious Objection Exemptions, Spencer E. Davis, Jr.
Constitutional Right Or Legislative Grace? The Status Of Conscientious Objection Exemptions, Spencer E. Davis, Jr.
Florida State University Law Review
No abstract provided.
Deshaney V. Winnebago County Department Of Social Services, 489 U.S. 189 (1989), Kristen L. Davenport
Deshaney V. Winnebago County Department Of Social Services, 489 U.S. 189 (1989), Kristen L. Davenport
Florida State University Law Review
Due Process—CLAIMS OF ABUSED CHILDREN AGAINST STATE PROTECTIVE AGENCIES--THE STATE'S RESPONSIBILITY AFTER DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989)
Shriners Hospitals For Crippled Children V. Zrillic, 563 So. 2d 64 (Fla. 1990), Mark E. Kaplan
Shriners Hospitals For Crippled Children V. Zrillic, 563 So. 2d 64 (Fla. 1990), Mark E. Kaplan
Florida State University Law Review
Wills/Constitutional Law-FLORIDA'S SUPREME COURT STRIKES THE STATE'S MORTMAIN STATUTE AS UNCONSTITUTIONAL