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Articles 1 - 30 of 32
Full-Text Articles in Law
Big Brother Or Big Pharma: The Lion Fight Over The Surveillance And Promotion Of Pharmaceutical Use In America, Patrick Bailey
Big Brother Or Big Pharma: The Lion Fight Over The Surveillance And Promotion Of Pharmaceutical Use In America, Patrick Bailey
Florida State University Law Review
No abstract provided.
Intermediate Scrutiny For Corporate Political Contributions, Joseph K. Leahy
Intermediate Scrutiny For Corporate Political Contributions, Joseph K. Leahy
Florida State University Law Review
A corporation contributes to a Super PAC that supports a candidate for public office. A shareholder sues, alleging that management breached its duty of loyalty by making the contribution to promote its own political views rather than to serve the corporation’s best interests—i.e., by acting in bad faith. What standard will a Delaware court apply when reviewing management’s decision to cause the corporation to make the contribution?
Myriad scholars have opined that the court will apply the standard of review for ordinary business decisions: the management-friendly business judgment rule. Unfortunately for our shareholder plaintiff, this rule presumes that management acts …
Voting Is Association, Daniel P. Tokaji
Voting Is Association, Daniel P. Tokaji
Florida State University Law Review
No abstract provided.
Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan
Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan
Florida State University Law Review
Citizens United v. FEC articulated a pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Previously, the focus of free speech doctrine had been on the content and forum of speech, not on the identity of the speaker. It is possible that protection from speaker identity discrimination had long been implicit in free speech case law, but has now been given more full-throated …
Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner
Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner
Florida State University Law Review
In democracies that allocate to a court responsibility for interpreting and enforcing the constitutional ground rules of democratic politics, the sheer importance of the task would seem to oblige such courts to guide their rulings by developing an account of the nature and prominent features of the constitutional commitment to democracy. The U.S. Supreme Court, however, has from the beginning refused to develop a general account—a theory—of how the U.S. Constitution establishes and structures democratic politics. The Court’s diffidence left a vacuum at the heart of its constitutional jurisprudence of democratic process, and like most vacuums, this one was almost …
Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate
Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate
Florida State University Law Review
No abstract provided.
The Politics Of Ethics And Elections: Can Negative Campaign Advertising Be Regulated In Florida?, Cleveland Ferguson Iii
The Politics Of Ethics And Elections: Can Negative Campaign Advertising Be Regulated In Florida?, Cleveland Ferguson Iii
Florida State University Law Review
No abstract provided.
Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin
Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin
Florida State University Law Review
No abstract provided.
Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock
Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock
Florida State University Law Review
No abstract provided.
Protecting The Animals: The Free Exercise Clause And The Prevention Of Ritual Sacrifice, Caroline E. Johnson
Protecting The Animals: The Free Exercise Clause And The Prevention Of Ritual Sacrifice, Caroline E. Johnson
Florida State University Law Review
No abstract provided.
When Government Speaks Religiously, E. Gregory Wallace
When Government Speaks Religiously, E. Gregory Wallace
Florida State University Law Review
No abstract provided.
Public Funds And The Historical Preservation Of Churches: Preserving History Or Advancing Religion?, Dina A. Keever
Public Funds And The Historical Preservation Of Churches: Preserving History Or Advancing Religion?, Dina A. Keever
Florida State University Law Review
No abstract provided.
Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr.
Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr.
Florida State University Law Review
Constitutional Law-THE FIRST AMENDMENT, NUDE DANCING, AND JUDICIAL ACTIVISM
No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson
No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson
Florida State University Law Review
The constitutionalization of defamation law in 1964 created a revolution in first amendment jurisprudence. The United States Supreme Court established protection for statements concerning public officials unless the statements were made with actual malice, i.e., knowledge of falsity or reckless disregard of truth or falsity. Later, the Court extended much of that protection to statements about public figures who are not government employees. Though the Court eventually narrowed the scope of its public figure doctrine, it never receded from the protection accorded to statements about public officials. The author of this Article contends that this distinction has eluded many state …
Religious Accommodation And Criminal Liability, Christine A. Clark
Religious Accommodation And Criminal Liability, Christine A. Clark
Florida State University Law Review
Florida's religious accommodation statute leads some parents to believe that they are free to rely on spiritual healing in lieu of medical treatment for their ill children. However, the statute fails to protect these parents in a criminal prosecution arising from their children's deaths. The author of this Article describes the various types of accommodation statutes, analyzes a recent prosecution, and concludes that such prosecutions are unconstitutional. The author also proposes revisions to Florida's law designed to eliminate ambiguities about what protections it provides.
Texas V. Johnson, 109 S. Ct. 2533 (1989), Deborah Tully Eversole
Texas V. Johnson, 109 S. Ct. 2533 (1989), Deborah Tully Eversole
Florida State University Law Review
Constitutional Law-A VOYAGE THROUGH MURKY WATERS: ASSESSING FLAG MISUSE PROHIBITIONS IN THE WAKE OF Texas v. Johnson, 102 S. Ct. 2533 (1989)
The Prosecution Of Religious Fraud, Stephen Senn
The Prosecution Of Religious Fraud, Stephen Senn
Florida State University Law Review
The first amendment to the United States Constitution protects the religious freedom of individuals through its establishment and free exercise clauses. Should the government's hands-off policy under the free exercise clause provide a protective blanket for fraudulent moneymaking schemes carried out in the name of religion? The author of this Article argues that the protection of religious freedom can comfortably coexist with protection from religious fraud where courts employ a "sincerity test." He concludes that with appropriate procedural safeguards, courts can use this test to distinguish sincere religious exercise from criminally fraudulent enterprise.
The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse
The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse
Florida State University Law Review
No abstract provided.
Ceremonial Invocations At Public High School Events And The Establishment Clause, James J. Dean
Ceremonial Invocations At Public High School Events And The Establishment Clause, James J. Dean
Florida State University Law Review
No abstract provided.
Hazelwood School District V. Kuhlmeier, 108 S. Ct. 562 (1988), Walter E. Forehand
Hazelwood School District V. Kuhlmeier, 108 S. Ct. 562 (1988), Walter E. Forehand
Florida State University Law Review
Constitutional Law-TINKERING WITH TINKER: ACADEMIC FREEDOM IN THE PUBLIC SCHOOLS
Expensive Speech, Neil Skene
Expensive Speech, Neil Skene
Florida State University Law Review
SUING THE PRESS: LIBEL, THE MEDIA, AND POWER. By Rodney Smolla. New York: Oxford University Press. 1986. Pp. 277.
Florida Defamation Law And The First Amendment: Protecting The Reputational Interests Of The Private Individual, Joseph Kent Brown
Florida Defamation Law And The First Amendment: Protecting The Reputational Interests Of The Private Individual, Joseph Kent Brown
Florida State University Law Review
No abstract provided.
New York V. Ferber, 50 U.S.L.W. 5077 (U.S. July 2, 1982), Eric L. Dauber
New York V. Ferber, 50 U.S.L.W. 5077 (U.S. July 2, 1982), Eric L. Dauber
Florida State University Law Review
Constitutional Law-CHILD PORNOGRAPHY: A NEW EXCEPTION TO THE FIRST AMENDMENT
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc.: Citizen And Taxpayer Standing Under The Establishment Clause Revisited, Bradley M. Bole
Florida State University Law Review
No abstract provided.
Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace
Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace
Florida State University Law Review
Constitutional Law-FREEDOM OF SPEECH-CONTINUED EROSION OF A FUNDAMENTAL RIGHT
Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz
Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz
Florida State University Law Review
Constitutional Law-FREEDOM OF SPEECH-ORDINANCE RESTRICTING SOLICITATION OF FUNDS BY CHARITIES RESTRICTS FREEDOM OF SPEECH
Bernard V. Gulf Oil Co., 619 F.2d 459 (5th Cir. 1980), Robert S. Cohen
Bernard V. Gulf Oil Co., 619 F.2d 459 (5th Cir. 1980), Robert S. Cohen
Florida State University Law Review
Constitutional Law-FIRST AMENDMENT-PRIOR RESTRAINT-CLASS ACTIONS-SILENCE IS GOLDEN, BUT A RULE 23(d) JUDICIAL ORDER IS AN UNCONSTITUTIONAL PRIOR RESTRAINT ON SPEECH
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Florida State University Law Review
Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH
Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller
Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller
Florida State University Law Review
Constitutional Law- SPEECH- FLORIDA'S INDECENT AND OBSCENE LANGUAGE STATUTE DECLARED UNCONSTITUTIONAL ON ITS FACE FOR OVERBREADTH.
Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.
Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.
Florida State University Law Review
No abstract provided.