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Full-Text Articles in Law

Fleeing Time Below The Poverty Line-Is It A Crime? C.E.L. V. State And Its Impact On Indigent Defense And Police-Citizen Relations, Theresa Nolan Breslin Apr 2012

Fleeing Time Below The Poverty Line-Is It A Crime? C.E.L. V. State And Its Impact On Indigent Defense And Police-Citizen Relations, Theresa Nolan Breslin

University of Miami Law Review

No abstract provided.


Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably Jan 2012

Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably

Articles

Scholarly response to the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality's strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue.

Three basic symptoms of the pathology stand out. First, sleight of hand. The plurality opinion purports to be about an institutional issue-can a state court commit a taking? - …