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Full-Text Articles in Law

Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner Oct 2014

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 Oct 2014

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 Jul 2014

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 Jul 2014

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 Jan 2000

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 Oct 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1997

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 Oct 1995

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 Oct 1995

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 Apr 1995

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 Jul 1994

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 Jul 1994

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 Apr 1994

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 Apr 1994

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 Apr 1994

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 Apr 1994

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 Apr 1993

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 Apr 1992

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. Jan 1992

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 Jan 1992

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 Oct 1991

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 Oct 1991

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 Jul 1991

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 Jul 1991

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. Jul 1991

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 Jul 1991

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 Apr 1991

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