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Resolving Establishment Clause Issues Is No Longer "Easy-Peasy, Lemon-Squeezy", Daniela Cecilia Pachon
Resolving Establishment Clause Issues Is No Longer "Easy-Peasy, Lemon-Squeezy", Daniela Cecilia Pachon
St. Thomas Law Review
The notion of separating Church and State is one that is deeply rooted in American history. Although simple on its face, as the American population grows more diverse, the idea of separation has become a convoluted concept difficult to apply. In an attempt to create a “one-size-fits-all” solution to issues regarding government intruding on the individual’s religious freedoms, the Supreme Court developed a tripartite test to determine whether a statute violated the Establishment Clause. In Lemon v. Kurtzman, the Court combined several tests originating in prior case law to develop the singular, infamous Lemon test. However, in June 2022 with …
The Wolf In Sheep's Clothing: How Historical And Blight Designations In The Absence Of Constitutional Safeguards Can Render Property Rights Illusory, Kyle B. Teal, Dane L. Stuhlsatz
The Wolf In Sheep's Clothing: How Historical And Blight Designations In The Absence Of Constitutional Safeguards Can Render Property Rights Illusory, Kyle B. Teal, Dane L. Stuhlsatz
St. Thomas Law Review
This article summarily analyzes those more subtle forms of property rights infringement, including historical designations and blight designations, and it critiques laws in place that purport to grant local government the authority to assert such designations. This article also provides a summary of the causes of action owners aggrieved by unjust designations could bring in response, and critiques the flaws in those elective safeguards, which are prevalent even in property rights friendly jurisdictions such as Florida. It then proposes high-level solutions to enact legislation to limit fee exposure for property owners who bring inverse condemnation actions and Bert J. Harris …