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Full-Text Articles in Law

Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson Aug 2018

Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson

Florida State University Journal of Land Use and Environmental Law

In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators. Additionally, the …


Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus Aug 2018

Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus

Florida State University Journal of Land Use and Environmental Law

On May 27, 1997, the United States Supreme Court decided Suitum v. Tahoe Regional Planning Agency, a case addressing ripeness issues as they pertain to regulatory takings and transferable developmental rights (TDRs). As record counsel for the Tahoe Regional Planning Agency in the Suitum, Professor Lazarus considers the strategic litigation choices made by both parties and their impact on the Suitum litigation. By way of introduction, this essay recounts the Suitum facts from two different perspectives, that of petitioner and respondent. Then the essay explores the ways that the parties chose to litigate their respective sides, expounding upon the issues …


The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman Aug 2018

The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks Aug 2018

Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey Aug 2018

Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer Aug 2018

Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer

Florida State University Journal of Land Use and Environmental Law

This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its application. …


City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson Aug 2018

City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson

Florida State University Journal of Land Use and Environmental Law

This Article analyzes the clash between historic preservation and religious freedom in the context of the United States Supreme Court's decision in City of Boerne v. Flores. (117 S. Ct. 2157 (1997). In Flores, the Court ruled on the constitutionality of the Religious Freedom Restoration Act (RFRA), an act which affords additional protection to religious practices by subjecting neutral, non-religion based government laws such as preservation ordinances to judicial scrutiny. Using the backdrop of the Flores decision, the Article analyzes the constitutionality and policy behind RFRA and examines RFRA's effect on preservation. The Article includes a history of both the …


Property And Mysticism: The Legality Of Exactions As A Condition For Public Development Approval In The Time Of The Rehnquist Court, James A. Kushner Aug 2018

Property And Mysticism: The Legality Of Exactions As A Condition For Public Development Approval In The Time Of The Rehnquist Court, James A. Kushner

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Loving Retroactivity, Charles W. "Rocky" Rhodes Jan 2018

Loving Retroactivity, Charles W. "Rocky" Rhodes

Florida State University Law Review

Pending actions across the nation highlight the ongoing struggle between adjudicative retroactivity and marital equality. The Supreme Court's constitutional decisions overruling prior precedents or applying new legal rules to the parties retroactively govern all pending and future adjudicative proceedings on direct review, even if the underlying operative events occurred under a prior legal framework. But this understanding of the temporal boundaries of legal change is being challenged after the Supreme Court's holding in Obergefell v. Hodges that laws excluding same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples are invalid. The retroactive application of Obergefell …


Unequal Law, Unequal Burden: The All-Male Selective Service Act, Civilian Rights, And The Limits Of Military Deference In Modern Supreme Court Jurisprudence, Amy Mccarthy Oct 2017

Unequal Law, Unequal Burden: The All-Male Selective Service Act, Civilian Rights, And The Limits Of Military Deference In Modern Supreme Court Jurisprudence, Amy Mccarthy

Florida State University Law Review

No abstract provided.


Communitarianism And The Roberts Court, Robert M. Ackerman Oct 2017

Communitarianism And The Roberts Court, Robert M. Ackerman

Florida State University Law Review

In this Article, Professor Ackerman examines the work of the Roberts Court through a communitarian lens. Communitarians strive for a reasonable balance between individual rights and the collective good. They believe that even in a rights-conscious society, rights have limits, and involve responsibilities. And so, communitarians will often consider whether the Supreme Court has struck a proper balance between individual liberty and the public interest.

But communitarian theory has other, multidimensional aspects. Communitarians view people as social animals, who are not mere autonomous agents with nobody to care about but themselves. They therefore see the value not only of large-scale …


Marriage Equality: The Paralleled Progress Between Public Approval And Supreme Court Decisionmaking, Riley Erin Fredrick Jan 2017

Marriage Equality: The Paralleled Progress Between Public Approval And Supreme Court Decisionmaking, Riley Erin Fredrick

Florida State University Law Review

No abstract provided.


The Disparate Impact Canon, Michael T. Morley Jan 2017

The Disparate Impact Canon, Michael T. Morley

Scholarly Publications

No abstract provided.


Reining In The Purcell Principle, Richard L. Hasen Jan 2016

Reining In The Purcell Principle, Richard L. Hasen

Florida State University Law Review

No abstract provided.


Revisiting Congresssional Delegation Of Interpretative Primacy As The Foundation For Chevron Defense, Mark Seidenfeld Jan 2016

Revisiting Congresssional Delegation Of Interpretative Primacy As The Foundation For Chevron Defense, Mark Seidenfeld

Scholarly Publications

Although congressional delegation is the rationale used most often to justify the Chevron doctrine, most scholars who have written about this justification have recognized that it is a fiction, albeit, they claim, a useful one. In “Chevron’s Foundation,” I proposed an alternative foundation for the Chevron doctrine—a judicial self-limitation justification for Chevron deference—based on an implicit understanding of Article III that courts should not resolve cases by making policy choices where alternative means for deciding these cases exists. In this essay, I first revisit my original critique of the delegation rationale and explicitly respond to the arguments …


Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, Michael T. Morley Jan 2016

Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, Michael T. Morley

Florida State University Law Review

Many of the Supreme Court’s important holdings concerning campaign finance law are not pure matters of constitutional interpretation. Rather, they are “contingent” constitutional determinations: the Court’s conclusions rest in substantial part on legislative facts about the world that the Court finds, intuits, or assumes to be true. While earlier commentators have recognized the need to improve legislative factfinding by the Supreme Court, other aspects of its treatment of legislative facts—particularly in the realm of campaign finance—require reform as well.

Stare decisis purportedly insulates the Court’s purely legal holdings and interpretations from future challenge. Factually contingent constitutional rulings should, in contrast, …


Obergefell And The "New" Reproduction, Courtney Megan Cahill Jan 2016

Obergefell And The "New" Reproduction, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Reverse Nullification And Executive Discretion, Michael T. Morley May 2015

Reverse Nullification And Executive Discretion, Michael T. Morley

Scholarly Publications

The President has broad discretion to refrain from enforcing many civil and criminal laws, either in general or under certain circumstances. The Supreme Court has not only affirmed the constitutionality of such under-enforcement, but extolled its virtues. Most recently, in Arizona v. United States, it deployed the judicially created doctrines of obstacle and field preemption to invalidate state restrictions on illegal immigrants that mirrored federal law, in large part to ensure that states do not undermine the effects of the President’s decision to refrain from fully enforcing federal immigration provisions.

Such a broad application of obstacle and field preemption is …


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 …


Graphic Labels, Dire Warnings And The Facile Assumption Of Factual Content In Compelled Commercial Speech, Nat Stern Jul 2014

Graphic Labels, Dire Warnings And The Facile Assumption Of Factual Content In Compelled Commercial Speech, Nat Stern

Scholarly Publications

No abstract provided.


The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt Apr 1990

The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell Jul 1988

The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell

Florida State University Law Review

No abstract provided.


Almost An Age Of Justice, Steve Gey Jul 1986

Almost An Age Of Justice, Steve Gey

Florida State University Law Review

THE UNPUBLISHED OPINIONS OF THE WARREN COURT. By Bernard Schwartz. New York: Oxford University Press. 1985. Pp. 470 . $29.95


The Changing Role Of The Supreme Court, William H. Rehnquist Jan 1986

The Changing Role Of The Supreme Court, William H. Rehnquist

Florida State University Law Review

No abstract provided.


Preserving The Essential Role Of The Supreme Court: A Comment On Justice Rehnquist's Proposal, Arthur D. Hellman Jan 1986

Preserving The Essential Role Of The Supreme Court: A Comment On Justice Rehnquist's Proposal, Arthur D. Hellman

Florida State University Law Review

No abstract provided.


Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey Jul 1975

Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey

Florida State University Law Review

No abstract provided.


Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson Jul 1975

Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson

Florida State University Law Review

No abstract provided.


Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson Jul 1973

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.


The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills Jan 1973

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …