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Articles 1 - 7 of 7
Full-Text Articles in Supreme Court of the United States
America’S Fraught Relationship With Privacy, Russell L. Weaver
America’S Fraught Relationship With Privacy, Russell L. Weaver
FIU Law Review
No abstract provided.
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz
FIU Law Review
After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …
The Distribution Of Justices' Votes And Countering National Disunity, Nicholas L. Georgakopoulos
The Distribution Of Justices' Votes And Countering National Disunity, Nicholas L. Georgakopoulos
FIU Law Review
The estimation of the distribution that matches the voting of the justices of the Supreme Court shows that voting is correlated and reveals three phenomena: an outlier distribution produced by one composition of the Court, the surprising frequency of unanimous decisions, and the intensity with which the Court avoids 4–4 decisions. The intensity with which the Court avoids 4–4 splits and the strength of the drive to produce unanimous decisions seem sensitive to national disunity. At times of greater disunity, 1965 to 1975 and 2001 to 2020, the Court avoids 4–4 splits more intensely and has a greater fraction of …
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
FIU Law Review
As the existential threat of climate change becomes increasingly prevalent, U.S. plaintiffs, lawyers, and activists have begun seeking redress in federal courts arguing for recognition of a constitutional right to a clean environment. Recently, in Juliana v. United States, the Ninth Circuit explicitly recognized the grave threat of climate change for the health, well-being, and security of the American people and the nation as a whole. Additionally, the court found that the U.S. government has contributed to climate change through both inaction and policy decisions that promote the use of fossil fuels. The plaintiffs claimed that they had a constitutional …
The Road To Bostock, John Towers Rice
The Two Percent: How Florida’S Capital Punishment System Defies The Eighth Amendment, Sofia Perla
The Two Percent: How Florida’S Capital Punishment System Defies The Eighth Amendment, Sofia Perla
FIU Law Review
No abstract provided.
Dehors The Record: A Correction Of A Final Jeopardy Question, Thomas E. Baker
Dehors The Record: A Correction Of A Final Jeopardy Question, Thomas E. Baker
FIU Law Review
No abstract provided.