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Constitutional Law

2010

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University of Florida Levin College of Law

Articles 1 - 3 of 3

Full-Text Articles in Law

The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine Klein Mar 2010

The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine Klein

Christine A. Klein

Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states, while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska. Determining that groundwater is an article of commerce, the Court held invalid under the dormant commerce clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas challenged Oklahoma legislation limiting water exports, and as Wind River LLC of Nevada contested the denial of ...


"Beyond Rules", Larry A. Dimatteo, Samuel Flaks Jan 2010

"Beyond Rules", Larry A. Dimatteo, Samuel Flaks

Larry A DiMatteo

Our article, in contrast to the predominant scholarly view, contends that the influential Legal Realist Movement of the 1930s was actually two movements—radical legal realism and conservative legal realism (CLR). CLR is best understood through the works of Nathan Isaacs. This article will investigate the legitimacy and determinacy of the legal order through the lens of CLR as represented by Isaacs.

Isaacs and CLR are especially worthy subjects for study given the current economic crisis. It is a crisis, much like the Great Depression, that has spurred many people to question core capitalistic premises, such as the superiority of ...


Nobody's Fools: The Rational Audience As First Amendment Ideal, Lyrissa Barnett Lidsky Jan 2010

Nobody's Fools: The Rational Audience As First Amendment Ideal, Lyrissa Barnett Lidsky

UF Law Faculty Publications

Assumptions about audiences shape the outcomes of First Amendment cases. Yet the Supreme Court rarely specifies what its assumptions about audiences are, much less attempts to justify them. Drawing on literary theory, this Article identifies and defends two critical assumptions that emerge from First Amendment cases involving so-called core speech. The first is that audiences are capable of rationally assessing the truth, quality, and credibility of core speech. The second is that more speech is generally preferable to less. These assumptions, which I refer to collectively as the rational audience model, lie at the heart of the marketplace of ideas ...