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22,702 full-text articles. Page 1 of 545.

Managing Dissent, Timothy Zick 2018 William & Mary Law School

Managing Dissent, Timothy Zick

Faculty Publications

In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a "managed speech" approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse, constrain dissident speakers, and instill social and political stability. This Article argues that at least insofar as it relates to many forms of public dissent, the managed speech approach is both deeply rooted in First Amendment jurisprudence and culturally prevalent. Historically, First Amendment jurisprudence has expressed support for narrowly ...


Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel 2018 Florida State University College of Law

Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts 2018 Wake Forest University School of Law

Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich 2018 Florida State University College of Law

Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks 2018 Florida State University College of Law

Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker 2018 Washington University in St. Louis

Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Neighborhood Opposition And The Permissible Purposes Of Zoning, Harold A. Ellis 2018 Florida State University College of Law

Neighborhood Opposition And The Permissible Purposes Of Zoning, Harold A. Ellis

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Who Owns Cross Creek?, Charles L. Siemon 2018 Florida State University College of Law

Who Owns Cross Creek?, Charles L. Siemon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey 2018 Florida State University College of Law

Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer 2018 Florida State University College of Law

Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer

Florida State University Journal of Land Use and Environmental Law

This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its ...


Standing On Its Last Legs: Bennett V. Spear And The Past And Future Of Standing In Environmental Cases, Sam Kalen 2018 University of Baltimore School of Law

Standing On Its Last Legs: Bennett V. Spear And The Past And Future Of Standing In Environmental Cases, Sam Kalen

Florida State University Journal of Land Use and Environmental Law

This Article examines the evolution of standing in environmental disputes. The Article traces environmental standing from the 1970s when the "zone of interests" test was first applied in Association of Data Processing Service Organizations v. Camp, through Lujan v. Defenders of Wildlife over twenty years later, which outlined the three requirements of concrete and particularized imminent injury, traceability, and redressibility. The Article then describes how Bennett v. Spear, decided by the Supreme Court in1997, and other recent lower court decisions have produced a haphazard and incoherent approach to standing in cases involving the National Environmental Policy Act (NEPA) and the ...


Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis 2018 Florida State University College of Law

Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard 2018 Florida State University College of Law

Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet 2018 Florida State University College of Law

The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Everglades Restoration: A Constitutional Takings Analysis, Sharon S. Tisher 2018 University of Maine

Everglades Restoration: A Constitutional Takings Analysis, Sharon S. Tisher

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Public Trust Doctrine And Sovereignty Lands In Florida: A Legal And Historical Analysis, Sidney F. Ansbacher, Joe Knetsch 2018 Florida State University College of Law

The Public Trust Doctrine And Sovereignty Lands In Florida: A Legal And Historical Analysis, Sidney F. Ansbacher, Joe Knetsch

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Avoiding The Takings Clause Through The Myth Of Public Rights: The Public Trust And Reserved Rights Doctrines At Work, James L. Huffman 2018 Lewis and Clark Law School

Avoiding The Takings Clause Through The Myth Of Public Rights: The Public Trust And Reserved Rights Doctrines At Work, James L. Huffman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson 2018 University of Florida College of Law

Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


General Propositions And Concrete Cases: The Search For A Standard In The Conflict Between Individual Property Rights And The Social Interest, Donald C. Dowling, Jr. 2018 Florida State University College of Law

General Propositions And Concrete Cases: The Search For A Standard In The Conflict Between Individual Property Rights And The Social Interest, Donald C. Dowling, Jr.

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Punitive Preemption And The First Amendment, Rachel Proctor May 2018 University of San Diego

Punitive Preemption And The First Amendment, Rachel Proctor May

San Diego Law Review

In recent years, state legislators have begun passing a new breed of “punitive” preemption laws–those that impose fines, civil and criminal sanctions, and other sanctions on local governments and their officials as a consequence of passing laws or enacting policies that are inconsistent with state laws. This represents a significant change from traditional preemption, under which a local government could enact laws based on its view of preempting state statutes and applicable state constitutional provisions and, if necessary, defend its interpretation in court. When punitive preemption prevents a local lawmaking process from taking place, the state forecloses a unique ...


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