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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, …
Free Trade And Environmental Protection In An Integrated Market: A Survey Of The Case Law Of The United States Supreme Court And The European Court Of Justice, Damien Geradin
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
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.
Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey
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
Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson
Florida State University Law Review
No abstract provided.
Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke
Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke
Florida State University Law Review
No abstract provided.