Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, Michael T. Morley
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, …
National Security Rulemaking, Robert Knowles
National Security Rulemaking, Robert Knowles
Florida State University Law Review
Agencies performing national security functions regulate citizens’ lives in increasingly intimate ways. Yet national security rulemaking is a mystery to most Americans. Many rules—like those implementing the National Security Agency’s vast surveillance schemes—remain secret. Others are published, but the deliberations that led to them and the legal justifications for them remain hidden.
Ordinarily, these rules would undergo the Administrative Procedure Act’s notice-and-comment process, which has earned wide, if not universal, praise for advancing democratic values and enhancing agency effectiveness. But a national security exception from notice-and-comment in the APA itself, along with the overuse of classification authority, combine to insulate …
Reluctant Reform: Recent Changes In Unemployment Compensation In Florida, Kathleen Phillips
Reluctant Reform: Recent Changes In Unemployment Compensation In Florida, Kathleen Phillips
Florida State University Law Review
No abstract provided.
Government In The Sunshine: Judicial Application And Suggestions For Reform, Sidney L. Matthew
Government In The Sunshine: Judicial Application And Suggestions For Reform, Sidney L. Matthew
Florida State University Law Review
No abstract provided.
Reform Of The Florida Securities Law, James Mofsky
Reform Of The Florida Securities Law, James Mofsky
Florida State University Law Review
No abstract provided.