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Articles 1 - 28 of 28

Full-Text Articles in Law

Voting Is Association, Daniel P. Tokaji Jan 2016

Voting Is Association, Daniel P. Tokaji

Florida State University Law Review

No abstract provided.


Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner Oct 2014

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 …


The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang Jul 2014

The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang

Florida State University Law Review

Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …


Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore Jan 2000

Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore

Florida State University Law Review

No abstract provided.


Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr. Apr 1995

Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.

Florida State University Law Review

No abstract provided.


Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh Jul 1994

Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh

Florida State University Law Review

No abstract provided.


The Court Confronts The Gerrymander, Josseph C. Coates, Iii Jul 1987

The Court Confronts The Gerrymander, Josseph C. Coates, Iii

Florida State University Law Review

No abstract provided.


Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer Jan 1985

Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer

Florida State University Law Review

No abstract provided.


The State Action Doctrine In State And Federal Courts, Hala Ayoub Oct 1984

The State Action Doctrine In State And Federal Courts, Hala Ayoub

Florida State University Law Review

No abstract provided.


Back To The Laboratory With Peremptory Challenges: A Florida Response, James R. Jorgenson Oct 1984

Back To The Laboratory With Peremptory Challenges: A Florida Response, James R. Jorgenson

Florida State University Law Review

No abstract provided.


Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes Apr 1984

Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes

Florida State University Law Review

No abstract provided.


Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard Jan 1982

Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard

Florida State University Law Review

No abstract provided.


Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr. Oct 1979

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


Alimony For Men -- The Changing Law, Pamela Joy Smith Oct 1979

Alimony For Men -- The Changing Law, Pamela Joy Smith

Florida State University Law Review

No abstract provided.


State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith Jul 1979

State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith

Florida State University Law Review

Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS


The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis Jul 1979

The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis

Florida State University Law Review

No abstract provided.


In Re Estate Of Reed, 354 So. 2d 864 (Fla. 1978), L. D. Landry Apr 1979

In Re Estate Of Reed, 354 So. 2d 864 (Fla. 1978), L. D. Landry

Florida State University Law Review

Constitutional Law- EQUAL PROTECTION-A FLORIDA STANDARD OF EQUAL PROTECTION


Rollins V. State, 354 So. 2d 61 (Fla. 1978), William Tarr Apr 1979

Rollins V. State, 354 So. 2d 61 (Fla. 1978), William Tarr

Florida State University Law Review

Constitutional Law-EQUAL PROTECTION-STATUTE DISTINGUISHING BETWEEN TYPES OF ESTABLISHMENTS IN WHICH BILLIARD TABLES ARE LOCATED HELD UNCONSTITUTIONAL


Child Support: The Double Standard, Karen Colby Weiner Oct 1978

Child Support: The Double Standard, Karen Colby Weiner

Florida State University Law Review

No abstract provided.


Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson Jan 1978

Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson

Florida State University Law Review

Ad Valorem Taxation- RATIFICATION OF FLORIDA'S AD VALOREM TAX STRUCTURE: REJECTION OF AN EQUAL PROTECTION CHALLENGE.


Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon Jan 1978

Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon

Florida State University Law Review

Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.


Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller Oct 1975

Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller

Florida State University Law Review

Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.


Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle Jul 1975

Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle

Florida State University Law Review

Constitutional Law- EQUAL PROTECTION- DENYING SOCIAL SECURITY "MOTHER'S INSURANCE BENEFITS" TO FATHERS VIOLATES EQUAL PROTECTION COMPONENT OF FIFTH AMENDMENT DUE PROCESS CLAUSE.


Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland Apr 1975

Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland

Florida State University Law Review

Child Custody- INTERRACIAL MARRIAGE MAY BE CONSIDERED IN FRAMING CUSTODY MODIFICATION ORDERS.


Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik Apr 1975

Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- STUDENTS FACING SUSPENSION HAVE PROPERTY AND LIBERTY INTERESTS THAT QUALIFY FOR DUE PROCESS PROTECTION.


Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review Oct 1974

Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- MUNICIPALITY ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLINGS PROMOTES VALID COMMUNITY OBJECTIVES AND DOES NOT INTERFERE WITH RIGHT TO TRAVEL.


Gagnon V. Scarpelli, 411 U.S. 778 (1973), Florida State University Law Review Apr 1974

Gagnon V. Scarpelli, 411 U.S. 778 (1973), Florida State University Law Review

Florida State University Law Review

Constitutional Law-DUE PROCESS-REVOCATION OF PROBATION WITHOUT PRIOR HEARING VIOLATES PROBATIONER'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS; NEED FOR APPOINTED COUNSEL AT REVOCATION HEARING TO BE DETERMINED ON CASE-BY-CASE BASIS.


Ortwein V. Schwab, 410 U.S. 656 (1973), Florida State University Law Review Apr 1973

Ortwein V. Schwab, 410 U.S. 656 (1973), Florida State University Law Review

Florida State University Law Review

Constitutional Law-FOURTEENTH AMENDMENT-REQUIREMENT OF FILING FEE FOR JUDICIAL REVIEW OF ADMINISTRATIVE REDUCTION OF WELFARE BENEFITS DOES NOT CONSTITUTE DENIAL OF DUE PROCESS OR EQUAL PROTECTION OF LAW.