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Articles 1 - 19 of 19
Full-Text Articles in Law
Prophylactic Redistricting? Congress's Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley
Prophylactic Redistricting? Congress's Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley
Scholarly Publications
No abstract provided.
The (Non-)Right To Sex, Mary Ziegler
The (Non-)Right To Sex, Mary Ziegler
Scholarly Publications
What is the relationship between the battle for marriage equality and the expansion of sexual liberty? Some see access to marriage as a quintessentially progressive project—the recognition of the equality and dignity of gay and lesbian couples. For others, promoting marriage or marital-like relationships reinforces bias against individuals making alternative intimate decisions. With powerful policy arguments on either side, there appears to be no clear way to advance the discussion.
By telling the lost story of efforts to expand sexual liberty in the 1960s and 1970s, this Article offers a new way into the debate. The marriage equality struggle figures …
Does The Public Care How The Supreme Court Reasons? Empirical Evidence From A National Experiment And Normative Concerns In The Case Of Same-Sex Marriage, Courtney Megan Cahill, Geoffrey Christopher Rapp
Does The Public Care How The Supreme Court Reasons? Empirical Evidence From A National Experiment And Normative Concerns In The Case Of Same-Sex Marriage, Courtney Megan Cahill, Geoffrey Christopher Rapp
Scholarly Publications
Can the Supreme Court influence the public’s reception of decisions vindicating rights in high-salience contexts, like samesex marriage, by reasoning in one way over another? Will the people’s disagreement with those decisions—and, by extension, societal backlash against them—be dampened if the Court deploys universalizing liberty rationales rather than essentializing equality rationales? Finally, even if Supreme Court reasoning does resonate with the people as a descriptive matter, should the Court minimize anxiety-producing characteristics in decisions vindicating civil rights—such as homosexuality in the marriage-equality context—simply in order to assuage the people?
This Article combines constitutional theory and empirical legal analysis to ask …
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.
Why Equal Protection Trumps Federalism In The Same-Sex Marriage Cases, Erin Ryan
Why Equal Protection Trumps Federalism In The Same-Sex Marriage Cases, Erin Ryan
Scholarly Publications
Federalism is once again at the forefront of the Supreme Court’s most contentious cases this Term. The cases attracting most attention are the two same-sex marriage cases that were argued in March. Facing intense public sentiment on both sides of the issue and the difficult questions they raise about the boundary between state and federal authority, some justices openly questioned whether to just defer to the political process. And while this is often a wise prudential approach in review of contested federalism-sensitive policymaking, it’s exactly the wrong course of action when the matter under review is an individual right. This …
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.
Davis V. Page, 442 F. Supp. 258 (S.D. Fla. 1977), K. Dian Fedak
Davis V. Page, 442 F. Supp. 258 (S.D. Fla. 1977), K. Dian Fedak
Florida State University Law Review
Constitutional Law-JUVENILE DEPENDENCE PROCEEDINGS-CRITICAL STAGES ANALYSIS USED IN CRIMINAL PROCEEDINGS GOVERNS TIMING OF RIGHT TO COUNSEL IN CHILD DEPENDENCY HEARINGS
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
Florida State University Law Review
No abstract provided.
Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson
Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson
Florida State University Law Review
Ad Valorem Taxation- RATIFICATION OF FLORIDA'S AD VALOREM TAX STRUCTURE: REJECTION OF AN EQUAL PROTECTION CHALLENGE.
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
Florida State University Law Review
Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.
Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass
Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass
Florida State University Law Review
No abstract provided.
Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman
Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman
Florida State University Law Review
No abstract provided.
The Civilly-Committed Public Mental Patient And The Right To Aftercare, Richard B. Saphire
The Civilly-Committed Public Mental Patient And The Right To Aftercare, Richard B. Saphire
Florida State University Law Review
No abstract provided.
Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle
Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle
Florida State University Law Review
Constitutional Law- EQUAL PROTECTION- DENYING SOCIAL SECURITY "MOTHER'S INSURANCE BENEFITS" TO FATHERS VIOLATES EQUAL PROTECTION COMPONENT OF FIFTH AMENDMENT DUE PROCESS CLAUSE.
Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland
Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland
Florida State University Law Review
Child Custody- INTERRACIAL MARRIAGE MAY BE CONSIDERED IN FRAMING CUSTODY MODIFICATION ORDERS.
Frontiero V. Richardson, 411 U.S. 677 (1973), Florida State University Law Review
Frontiero V. Richardson, 411 U.S. 677 (1973), Florida State University Law Review
Florida State University Law Review
Constitutional Law- DUE PROCESS- FEDERAL LAW CONCLUSIVELY PRESUMING SPOUSE OF SERVICEMAN TO BE HIS DEPENDENT WHILE REBUTTABLY PRESUMING SPOUSE OF SERVICEWOMAN NOT TO BE HER DEPENDENT VIOLATES DUE PROCESS GUARANTEE OF FIFTH AMENDMENT.
Ortwein V. Schwab, 410 U.S. 656 (1973), Florida State University Law Review
Ortwein V. Schwab, 410 U.S. 656 (1973), Florida State University Law Review
Florida State University Law Review
Constitutional Law-FOURTEENTH AMENDMENT-REQUIREMENT OF FILING FEE FOR JUDICIAL REVIEW OF ADMINISTRATIVE REDUCTION OF WELFARE BENEFITS DOES NOT CONSTITUTE DENIAL OF DUE PROCESS OR EQUAL PROTECTION OF LAW.
Dunn V. Blumstein, 405 U.S. 330 (1972)
Dunn V. Blumstein, 405 U.S. 330 (1972)
Florida State University Law Review
Constitutional Law- EQUAL PROTECTION OF THE LAWS - DURATIONAL RESIDENCE REQUIREMENTS FOR VOTING ABRIDGE RIGHT To VOTE AND PENALIZE RIGHT To TRAVEL.-Dunn v. Blumstein, 405 U.S. 330 (1972).