Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First Amendment (6)
- Compelled speech (3)
- Constitutional law (3)
- Florida (3)
- Free speech (3)
-
- Orthodoxy (3)
- Barnette (2)
- Bill of Rights (2)
- Civil rights (2)
- Constitution (2)
- Constitutional (2)
- Cuba (2)
- Fourth Amendment (2)
- Free Speech (2)
- Gender (2)
- Haiku (2)
- Rights (2)
- Stanley Fish (2)
- Abandoned buildings (1)
- Academic freedom (1)
- Academic values (1)
- Access to education (1)
- Acquisitive prescription (1)
- Administrative law (1)
- Adult (1)
- Age (1)
- Allegiance (1)
- Alternative forms of schooling (1)
- Anti-Coercion Doctrine (1)
- Anti-Commandeering Doctrine (1)
Articles 1 - 30 of 52
Full-Text Articles in Law
Urban Commons In Italy, Michele Graziadei
Urban Commons In Italy, Michele Graziadei
FIU Law Review
The Italian experience with urban commons has been very rich indeed. In the last ten years or so the number of social and legal initiatives relating to urban commons in Italy has exploded. The present Italian situation shows that urban commons are here to stay. By now, they are part of the collective imagination, of political and socio-economic transformative projects, of administrative practices, and of the law. The demand for the commons in the city originates from the social movements that intend to resist the penetration of the market and of private property in every ambit of life but is …
Defining The Relationship Between Municipal Bankruptcy And Modern Federalism Jurisprudence, John Allen Livingston
Defining The Relationship Between Municipal Bankruptcy And Modern Federalism Jurisprudence, John Allen Livingston
FIU Law Review
This article delves into the relationship between municipal bankruptcy law and modern federalism jurisprudence, particularly focusing on Chapter 9 reform proposals and its constitutional implications. Against the backdrop of the COVID-19 pandemic's economic challenges, the article explores the historical context of municipal bankruptcy, critiques of Chapter 9's limitations, and proposals for empowering bankruptcy courts. It analyzes key doctrines of federalism such as the Anti-Commandeering and Anti-Coercion Doctrines, as well as the Clear Statement Rule, to evaluate the constitutionality of expanding bankruptcy courts' powers. The article navigates through scholarly debates, proposing a nuanced perspective on the role of federalism, state sovereignty, …
Volo Foundation Lecture: Science, Free Speech, And Public Choice, Bret Stephens
Volo Foundation Lecture: Science, Free Speech, And Public Choice, Bret Stephens
FIU Law Review
In an era where science, free speech, and public choice clash, the historical unity between these pillars, as envisioned by America's founding fathers, is obscured. Examining Thomas Jefferson's reverence for Bacon, Locke, and Newton, reveals a past where reason and freedom intertwined. However, contemporary challenges, epitomized by the pandemic response, illustrate a divergence. Amidst censorship and expert dominance, the vital role of public scrutiny emerges. Acknowledging the fallibility of experts and embracing free speech as essential for reasoned discourse becomes imperative. To restore the balance, humility from scientific institutions, a renewed appreciation for free speech, and public courage are necessary …
The Modern Border: The Government Can Search . . . Anything?, Abigail Nusbaum
The Modern Border: The Government Can Search . . . Anything?, Abigail Nusbaum
FIU Law Review
The evolution of modern technology has introduced new obstacles in interpreting the Fourth Amendment’s application to searches of peoples’ effects. Specifically, the longstanding exception to the Fourth Amendment permitting searches at the international border in the absence of probable cause does not so neatly apply to forensic searches of cell phones. Consequently, a circuit split has emerged on two aspects of the issue: the scope of the border exception and the requisite level of suspicion within that exception. The Supreme Court should find that forensic cell phone searches at the international border implicate Fourth Amendment privacy interests, requiring the border …
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, …
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman
FIU Law Review
Homeschooling was rapidly growing in the U.S. even before COVID-19. The pandemic accelerated this growth by quickly exposing nearly every American family to homeschooling in some form. The pandemic has ushered in a new age of homeschooling characterized by flexibility, technology, collaboration, and alternative forms of schooling beyond the traditional parent-teaching-child framework. Although the Supreme Court has never recognized a fundamental right of parents to homeschool their children, it has repeatedly recognized that parents have the right to direct their children’s education and to choose to educate them in the way they deem fit. There is debate as to what …
America’S Fraught Relationship With Privacy, Russell L. Weaver
America’S Fraught Relationship With Privacy, Russell L. Weaver
FIU Law Review
No abstract provided.
On The Why Of Same-Sex Marriage In Cuba, Libby Adler
On The Why Of Same-Sex Marriage In Cuba, Libby Adler
FIU Law Review
Cuba is expected to revise its family code soon and the legal availability of marriage to a person of the same sex will be among the anticipated revisions. This essay pushes past the assumption that same-sex marriage operates as an obvious item along any nation’s progressive path, or a universally desirable and sensible legal advance, and inquires as to the why. In a country that is markedly less religious than its neighbors, has a low marriage rate accompanied by a comparatively high divorce rate, and socializes resources such as health care such that they do not depend on marital ties, …
Save Your Rights: How Florida And Other States Have Targeted Voting Access Following The 2020 Election, Francisco Varona
Save Your Rights: How Florida And Other States Have Targeted Voting Access Following The 2020 Election, Francisco Varona
FIU Law Review
Following the 2020 general election, Florida’s Republican led legislature introduced Senate Bill 90 (“S.B. 90”), which seeks to put many restrictions on various aspects of the voting process. S.B. 90 limits ballot drop-off boxes, restricts mail-in voting, proscribes “line-warming,” increases registration difficulty, and expands identification requirements. Despite lauding Florida’s election as a gold standard for the rest of the country, Governor Ron DeSantis approved this bill in May of 2021, explaining that Florida should not become complacent despite its success. The Republican Governor approved this law against the backdrop of record voter turnout for Black and Latino voters and record …
A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker
A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker
FIU Law Review
This is a survey of the literature related to appellate practice and procedure before the United States Courts of Appeals for the benefit of lawyers and judges and scholars. It is reproduced with permission from THOMAS E. BAKER, A PRIMER ON THE JURISDICTION OF THE U.S. COURTS OF APPEALS (Fed. Jud. Ctr. 3d ed. 2023) available at: https://www.fjc.gov/content/379899/primer-jurisdiction-us-courts-appeals-third-edition). This origin explains the scattered references in the entries to “this Primer.”
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 …
The Ultimate Injustice: States' Failure To Take Steps To Prevent Wrongful Convictions And, When Wrongful Convictions Are Exposed, To Provide Adequate Assistance To Exonerees, Natalie Lahera
FIU Law Review
Among the many rights guaranteed by the Constitution are the rights to a presumption of innocence, equal protection, due process, a speedy trial, a trial by jury, and legal counsel, if indigent and charged with a serious crime. But those rights do not ensure that the justice system succeeds every time. The United States has exonerated over 3,000 individuals since 1989. The exonerees have collectedly lost over 26,700 years of their lives. Each exoneration has provided insight into the causes of wrongful convictions, the issues with current compensation laws, and even the changes that need to be implemented to avoid …
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
FIU Law Review
My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.
Third Annual Report To The Editor-In-Chief, Thomas E. Baker
Third Annual Report To The Editor-In-Chief, Thomas E. Baker
FIU Law Review
This the third annual report of the results of the constitutional law haiku contest conducted in my section of Constitutional Law at the FIU College of Law.
The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley
The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley
FIU Law Review
There are roughly 700 Confederate monuments still standing in courthouse lawns, parks, and downtown squares in virtually every city, town, and village throughout the “Old South.” Most of these Confederate monuments are located in states that have enacted legislation that bans the removal of Confederate monuments. Such legislative bans are in effect in Alabama, Georgia, Kentucky Mississippi, North Carolina, South Carolina, and Tennessee. Legislation that bans removal of Confederate monuments from public spaces poses a racial justice issue for millions of residents in these states because it forces political majorities in Southern communities (many constituting majority-minority communities) to host a …
Report To The Editor In Chief Of The Fiu Law Review, Thomas E. Baker
Report To The Editor In Chief Of The Fiu Law Review, Thomas E. Baker
FIU Law Review
No abstract provided.
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 Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack Beermann, Gary Lawson
The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack Beermann, Gary Lawson
FIU Law Review
In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. In short, every four years, the Twelfth Amendment requires the President of the Senate (usually the Vice President of the United States) to open certificates provided by state presidential electors and count the votes contained therein. The Constitution allows no role for Congress in this process, and thus, the provisions of the Electoral Count Act purporting to grant Congress the power, by concurrent resolution, to reject a state’s electoral votes, is unconstitutional. …
Who Benefits From Leaving The “Bad” School?, Annabelle V. González
Who Benefits From Leaving The “Bad” School?, Annabelle V. González
FIU Law Review
No abstract provided.
Fish On First, Larry Alexander
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.
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.
Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell
Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell
FIU Law Review
No abstract provided.
The Supreme Court’S Un-Americanism Pendulum, Nicholas L. Georgakopoulos
The Supreme Court’S Un-Americanism Pendulum, Nicholas L. Georgakopoulos
FIU Law Review
No abstract provided.
The Road To Bostock, John Towers Rice
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
FIU Law Review
No abstract provided.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
FIU Law Review
No abstract provided.
Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman
Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman
FIU Law Review
No abstract provided.
The Dormant Monster: Florida’S Intrastate Marijuana Regulation And Its Susceptibility To Dormant Commerce Clause Challenge, Ivan Feris, Jr.
The Dormant Monster: Florida’S Intrastate Marijuana Regulation And Its Susceptibility To Dormant Commerce Clause Challenge, Ivan Feris, Jr.
FIU Law Review
No abstract provided.
Transparency And The First, Mark Fenster