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Articles 1 - 15 of 15
Full-Text Articles in Law
Republicans And The Voting Rights Act, Michael T. Morley
Republicans And The Voting Rights Act, Michael T. Morley
Scholarly Publications
No abstract provided.
The Disparate Impact Canon, Michael T. Morley
The Disparate Impact Canon, Michael T. Morley
Scholarly Publications
No abstract provided.
Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, Michael T. Morley
Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, Michael T. Morley
Florida State University Law Review
Many of the Supreme Court’s important holdings concerning campaign finance law are not pure matters of constitutional interpretation. Rather, they are “contingent” constitutional determinations: the Court’s conclusions rest in substantial part on legislative facts about the world that the Court finds, intuits, or assumes to be true. While earlier commentators have recognized the need to improve legislative factfinding by the Supreme Court, other aspects of its treatment of legislative facts—particularly in the realm of campaign finance—require reform as well.
Stare decisis purportedly insulates the Court’s purely legal holdings and interpretations from future challenge. Factually contingent constitutional rulings should, in contrast, …
Federalism, Regulatory Architecture, And The Clean Water Rule: Seeking Consensus On The Waters Of The United States, Erin Ryan
Scholarly Publications
This article reviews the troubled history of the “Waters of the United States” Rule of the Clean Water Act, and analyzes how its newest incarnation harnesses a surprising point of convergence between the conflicting Supreme Court interpretations in Rapanos v. United States that necessitated its development. While debate over the federalism implications of the Rule rages on, the framework it creates from the multiple Rapanos opinions suggests that the path forward hinges less on the substantive rule of jurisdiction and more on the regulatory architecture of presumptions, default rules, and burden shifting. Splitting the difference between competing judicial approaches, the …
The Clean Power Plan, The Supreme Court’S Stay, And Irreparable Harm, Erin Ryan
The Clean Power Plan, The Supreme Court’S Stay, And Irreparable Harm, Erin Ryan
Scholarly Publications
Invited by the American Constitution Society, this very short essay critiques the decision by the Supreme Court to stay implementation of the Clean Power Plan (CPP), the cornerstone of the Obama Administration’s climate policy, while twenty-nine states proceed with litigation against it. The CPP targets greenhouse gas emissions from power plants, which account for about a third of all U.S. carbon emissions. It provides for substantial flexibility in how reduction targets may be attained within states, but generators heavily invested in coal argue that implementation will require unfair and expensive changes. It therefore surprised no one that states closely aligned …
Reverse Nullification And Executive Discretion, Michael T. Morley
Reverse Nullification And Executive Discretion, Michael T. Morley
Scholarly Publications
The President has broad discretion to refrain from enforcing many civil and criminal laws, either in general or under certain circumstances. The Supreme Court has not only affirmed the constitutionality of such under-enforcement, but extolled its virtues. Most recently, in Arizona v. United States, it deployed the judicially created doctrines of obstacle and field preemption to invalidate state restrictions on illegal immigrants that mirrored federal law, in large part to ensure that states do not undermine the effects of the President’s decision to refrain from fully enforcing federal immigration provisions.
Such a broad application of obstacle and field preemption is …
Cutting Cops Too Much Slack, Wayne A. Logan
Cutting Cops Too Much Slack, Wayne A. Logan
Scholarly Publications
Police officers can make mistakes, which, for better or worse, the U.S. Supreme Court has often seen fit to forgive. Police, for instance, can make mistakes of fact when assessing whether circumstances justify the seizure of an individual or search of a residence; they can even be mistaken about the identity of those they arrest. This essay examines yet another, arguably more significant context where police mistakes are forgiven: when they seize a person based on their misunderstanding of what a law prohibits.
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 …
Free Trade And Environmental Protection In An Integrated Market: A Survey Of The Case Law Of The United States Supreme Court And The European Court Of Justice, Damien Geradin
Florida State University Journal of Transnational Law & Policy
No abstract provided.
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.
Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey
Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey
Florida State University Law Review
No abstract provided.
Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson
Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson
Florida State University Law Review
No abstract provided.
Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke
Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke
Florida State University Law Review
No abstract provided.
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Scholarly Publications
No abstract provided.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …