Law Commons^™

Wisdom, Constitutionality, And Nuclear Weapons Policy, Dean Alfange Jr.

Nova Law Review

In a well-known passage in his famous dissent in the flag-salute

case of 1943, Justice Felix Frankfurter wrote:

Our constant preoccupation with the constitutionality of legislation

rather than with its wisdom tends to preoccupation of the American

mind with a false value. The tendency of focussing attention on

constitutionality is to make constitutionality synonymous with wisdom,

to regard a law as all right if it is constitutional. Such an

attitude is a great enemy of liberalism. . . . Reliance for the most

precious interests of civilization, therefore, must be found outside

of their vindication in courts of law.

International Law As Law Of The Land: Another Constitutional Constraint On Use Of Nuclear Weapons., Martin Feinrider

Nova Law Review

Concern now focuses on the threat to humankind posed by nuclear

weapons to an extent not seen since the days of the Ban-the-Bomb

movement of the 1950s.

Lawyers Can, But Law May Be Unable To Contribute To Nuclear Weapons Debate, L. Harold Levinson

Nova Law Review

Professor Miller concludes that "law and lawyers have something

useful to contribute to the growing debate about nuclear war." I agree

that lawyers can make a useful contribution. Whether the law can

make a contribution is quite another matter, on which I have serious

doubts.

Nova Law Review Full Issue

Nova Law Review

No abstract provided.

Admissibility Of Refusal To Submit To Blood Alcohol Test, James C. Hauser

Nova Law Review

Neither the United States Supreme Court nor the Florida Supreme

Court has yet ruled whether a defendant's refusal to take the

Blood Alcohof Test1 is admissible evidence.

Florida No-Fault Insurance: Ten Years Of Judicial Interpretation, Patricia V. Russo

Nova Law Review

The Florida Automobile Reparations Reform Act has been in

place for ten years.1 Although the statement of purpose in the Act itself

is terse,2 the Florida Supreme Court, reviewing the constitutionality of

the Act, gave an enumeration of "permissible legislative objectives."

Nova Law Review Full Issue

Nova Law Review

No abstract provided.

Constitutionality Of Florida's Statute Limiting Tort Recovery Against A Municipality: Cauley V. City Of Jacksonville, Mary Ava Bobko

Nova Law Review

In Cauley v. City of Jacksonville' the Supreme Court of Florida

recently faced a constitutional challenge to monetary limitations placed

on tort recovery against a municipality.

Does The Constitution Guarantee Court-Appointed Counsel When The Plea Is "Don't Take My Babyaway"? Lassiter V. Department Of Social Services, Roselin Shoshanna Ehrlich

Nova Law Review

An impoverished mother has no constitutional right to a lawyer's

help in resisting a state's attempt to take her child away

permanently. .

Harmless Or Reversible Error? Florida's Rule 3.390(A), Roberta Stanley Kaib

Nova Law Review

The Florida Constitution1 confers a quasi-legislative role upon the

Supreme Court of Florida authorizing it to adopt uniform practice and

procedural rules applicable to the state's courts.

Private Homosexual Activity And Fitness To Practice Law: Florida Board Of Bar Examiners, In Re N.R.S., Leslie J. Roberts

Nova Law Review

Homosexual conduct has existed for many years, but it has become

a politically and morally controversial topic in today's society.

Debates rage over the unnaturalness of sexually deviant behavior and

one's right to enjoy freedom of sexual choice and expression.

Appellate Review Of Class Standing Orders In Florida, Janice Seamon

Nova Law Review

In many instances, the order indicating that a lawsuit may proceed

as a class action determines whether the suit will proceed at all. This

note examines the rationale behind Florida courts' treatment of orders

determining class standing.

Protecting Posterity, Aviam Soifer

Nova Law Review

Professor Arthur S. Miller, a master of the genre of creative constitutionalism,

contributes an impressive example in his article, Nuclear

Weapons and Constitutional Law.