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Articles 1 - 30 of 32
Full-Text Articles in Fourteenth Amendment
Voting Is Association, Daniel P. Tokaji
Voting Is Association, Daniel P. Tokaji
Florida State University Law Review
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 …
Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner
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 …
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
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 …
Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler
Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler
Scholarly Publications
With the growing use of assisted reproductive technology (“ART”), courts have to reconcile competing rights to seek and avoid procreation. Often, in imagining the boundaries of these rights, judges turn to abortion jurisprudence for guidance.
This move sparks controversy. On the one hand, abortion case law may provide the strongest constitutional foundation for scholars and advocates seeking rights to access ART or avoid un-wanted parenthood. On the other hand, abortion jurisprudence carries normative and political baggage: a privacy framework that disadvantages poor women and a history of intense polarization.
This article uses the legal history of struggle over spousal consent …
Sexing Harris: The Law And Politics Of Defunding Planned Parenthood, Mary Ziegler
Sexing Harris: The Law And Politics Of Defunding Planned Parenthood, Mary Ziegler
Scholarly Publications
The movement to defund Planned Parenthood has opened a new front in the abortion wars. At the state and national level, anti-abortion organizations have campaigned successfully for new legal limitations on Medicaid or Title X reimbursement for Planned Parenthood. Significantly, legal restrictions reach not only abortion but also other services like contraception and cancer screenings. North Carolina, Wisconsin, and Indiana are among the states to have introduced such bans, and the U.S. House of Representatives approved one before the proposal died in the Senate in April 2011.
At first, the novelty of the movement seems to lie in its open …
Mcdonald's Other Right, Samuel L. Wiseman
Mcdonald's Other Right, Samuel L. Wiseman
Scholarly Publications
No abstract provided.
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
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.
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
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.
The Court Confronts The Gerrymander, Josseph C. Coates, Iii
The Court Confronts The Gerrymander, Josseph C. Coates, Iii
Florida State University Law Review
No abstract provided.
Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer
Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer
Florida State University Law Review
No abstract provided.
The State Action Doctrine In State And Federal Courts, Hala Ayoub
The State Action Doctrine In State And Federal Courts, Hala Ayoub
Florida State University Law Review
No abstract provided.
Back To The Laboratory With Peremptory Challenges: A Florida Response, James R. Jorgenson
Back To The Laboratory With Peremptory Challenges: A Florida Response, James R. Jorgenson
Florida State University Law Review
No abstract provided.
Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes
Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes
Florida State University Law Review
No abstract provided.
Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard
Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard
Florida State University Law Review
No abstract provided.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Florida State University Law Review
Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH
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.
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
Florida State University Law Review
Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS
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.
In Re Estate Of Reed, 354 So. 2d 864 (Fla. 1978), L. D. Landry
In Re Estate Of Reed, 354 So. 2d 864 (Fla. 1978), L. D. Landry
Florida State University Law Review
Constitutional Law- EQUAL PROTECTION-A FLORIDA STANDARD OF EQUAL PROTECTION
Rollins V. State, 354 So. 2d 61 (Fla. 1978), William Tarr
Rollins V. State, 354 So. 2d 61 (Fla. 1978), William Tarr
Florida State University Law Review
Constitutional Law-EQUAL PROTECTION-STATUTE DISTINGUISHING BETWEEN TYPES OF ESTABLISHMENTS IN WHICH BILLIARD TABLES ARE LOCATED HELD UNCONSTITUTIONAL
Child Support: The Double Standard, Karen Colby Weiner
Child Support: The Double Standard, Karen Colby Weiner
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.
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Florida State University Law Review
Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.
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.
Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik
Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik
Florida State University Law Review
Constitutional Law- FOURTEENTH AMENDMENT- STUDENTS FACING SUSPENSION HAVE PROPERTY AND LIBERTY INTERESTS THAT QUALIFY FOR DUE PROCESS PROTECTION.
Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review
Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review
Florida State University Law Review
Constitutional Law- FOURTEENTH AMENDMENT- MUNICIPALITY ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLINGS PROMOTES VALID COMMUNITY OBJECTIVES AND DOES NOT INTERFERE WITH RIGHT TO TRAVEL.