Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (3)
- Education (2)
- Fundamental rights (2)
- Public education (2)
- Right to counsel (2)
-
- 2000 Election (1)
- Brown v. Board of Education (1)
- Budgetary crisis (1)
- Child welfare (1)
- Civil rights (1)
- Criminal procedure (1)
- Democracy (1)
- Double jeopardy (1)
- Due process (1)
- Education rights (1)
- Electoral college (1)
- Electoral process (1)
- English Only Movement (1)
- English-only Movement (1)
- Equal Protection Clause (1)
- Ethics (1)
- Fifth freedom (1)
- Florida Legislature Modified Ballot Access Law (1)
- Foster care (1)
- Fundamental duties (1)
- Funding (1)
- Gideon v. Wainwright (1)
- Government obligations (1)
- Human rights (1)
- Indigent defense (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Florida Constitutional Law In A Nutshell, Robert Jarvis
Florida Constitutional Law In A Nutshell, Robert Jarvis
Faculty Scholarship
No abstract provided.
Control The Casinos And Stop The Dogs: Florida’S 2018 Proposed Constitutional Amendments, Robert Jarvis
Control The Casinos And Stop The Dogs: Florida’S 2018 Proposed Constitutional Amendments, Robert Jarvis
Faculty Scholarship
No abstract provided.
Education Rights And The New Due Process, Areto A. Imoukhuede
Education Rights And The New Due Process, Areto A. Imoukhuede
Faculty Scholarship
This Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic rights.
Procedural Due Process: The Distinctions Between America And Abroad, Ronald Smith
Procedural Due Process: The Distinctions Between America And Abroad, Ronald Smith
Faculty Scholarship
This paper was written in an effort to highlight the guarantees of procedural due process that America provides to its own citizens, as well as those that are of international citizenship. In so doing, American Due Process Jurisprudence is compared to the minimum standards that the United Nations stipulates via the United Declaration on Human Rights. Also included is an accounting of actual due process deprivations that have been inflicted upon persons that should have been entitled to nothing less than the utmost of legal protections whilst visiting a country, and although the arresting country promised to abide by the …
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Faculty Scholarship
This paper argues that public education is an international human right that the U.S. ought to recognise and protect. Recognising a right to public education would correct a major inconsistency in U.S. law by bringing education rights docrtine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognises public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
Faculty Scholarship
No abstract provided.
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
Faculty Scholarship
“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. Johnson This article argues that education is a fundamental human right that the U.S. Supreme Court has failed to recognize because of the Court’s bias towards negative, rather than positive rights. Viewed from the limited perspective of rights as liberties, the concern with declaring a fundamental right to education is that education legislation would be strictly scrutinized, thus causing the undesired result …
Gideon'S Ghost: Providing The Sixth Amendment Right To Counsel In Times Of Budgetary Crisis, Heather P. Baxter
Gideon'S Ghost: Providing The Sixth Amendment Right To Counsel In Times Of Budgetary Crisis, Heather P. Baxter
Faculty Scholarship
This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. The landmark case of Gideon v. Wainwright required states, under the Sixth Amendment, to provide free counsel to indigent criminal defendants. However, as a result of the current financial crisis, many of those who represent the indigent have found their funding cut dramatically. Consequently, Gideon survives, if at all, only as a ghostly shadow prowling the halls of criminal justice throughout the country.
This Article analyzes specific budget cuts from various states and …
Presidential Elections - The Right To Vote And Access To The Ballot, John B. Anderson, Mitchell W. Berger, Grace E. Robson
Presidential Elections - The Right To Vote And Access To The Ballot, John B. Anderson, Mitchell W. Berger, Grace E. Robson
Faculty Scholarship
The following article is a tripartite effort by Mitchell Berger and Grace E. Robson, members of the Florida Bar; John B. Anderson, a member of the Nova Southeastern University's Shepard Broad Law Center faculty; and a team of two of the students at that law school, Jason Blank and Tom Brogan, to examine the subject of ballot access for non-major party candidates in presidential elections in the wake of the recent decision of the Supreme Court of Florida in Reform Party of Florida v. Black.' Mr. Berger has furnished a critical analysis of that decision. Our team of students has …
The American Tradition Of Language Rights, ¡Que Viva Texas!: The Forgotten Right To Government In A “Known Tongue”, Jose R. "Beto" Juarez
The American Tradition Of Language Rights, ¡Que Viva Texas!: The Forgotten Right To Government In A “Known Tongue”, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.
The American Tradition Of Language Rights: The Forgotten Right To Government In A Known Tongue, Jose R. "Beto" Juarez
The American Tradition Of Language Rights: The Forgotten Right To Government In A Known Tongue, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.