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Let The Exceptions Do The Work: How Florida Should Approach Environmental Regulation After Cedar Point Nursery V. Hassid, Olivia Johnson
Let The Exceptions Do The Work: How Florida Should Approach Environmental Regulation After Cedar Point Nursery V. Hassid, Olivia Johnson
University of Miami Law Review
For nearly fifty years, courts distinguished between per se physical takings and regulatory takings. Yet, in 2021, the Supreme Court signaled a change of course with the monumental Cedar Point Nursery v. Hassid decision. The ruling challenges the government’s ability to mandate anything that impacts private property. In the face of environmental catastrophe and increasing pressure to assuage our climate crisis, how can governments respond without triggering a takings challenge?
Chief Justice Roberts in his majority decision may have left the door cracked open for governments to work around the Cedar Point Nursery ruling. By looking at the legacy of …
Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco
Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco
Environmental and Earth Law Journal (EELJ)
This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood …
Expert Testimony By Public University Faculty: Exposing Doctrinal Deficiencies Of Academic Freedom As A Legal Right And Proposing A Solution Within The Public-Employee Speech Doctrine, Clay Calvert
University of Miami Law Review
When the University of Florida (“UF”) prohibited three professors in 2021 from serving as expert witnesses in a lawsuit filed against the State of Florida, the decision sparked a national debate about academic freedom and free speech at public universities. The professors also sued UF in federal court in Austin v. University of Florida Board of Trustees alleging a violation of their First Amendment rights. This Article asserts that the constitutional doctrine of academic freedom is sadly deficient for resolving such lawsuits. The Article explains, instead, that the public-employee speech doctrine provides the appropriate framework for analyzing cases filed by …
Energy Grid Decarbonization: A Tale Of Resistance And Compliance In Florida, Rachel Tennant
Energy Grid Decarbonization: A Tale Of Resistance And Compliance In Florida, Rachel Tennant
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Pushing New Frontiers: Extending Neil To Peremptory Challenges Based On Religious Affiliations, Shirley A. Miranda
Pushing New Frontiers: Extending Neil To Peremptory Challenges Based On Religious Affiliations, Shirley A. Miranda
FIU Law Review
Today, when it comes to peremptory challenges during jury selection in Florida, it is impermissible to strike a venireperson on the basis of their race, ethnicity,or gender. However, as recent as January 2020, the Florida Supreme Court has declined to adjudge whether it is also impermissible to strike a venireperson on the basis of their religious affiliation. Thiscomment will address the aspect of religion and its impact on persons sitting in judgment against others generally and whether religious affiliation qualifies as a valid ground for a peremptory challenge as both the Florida and federal standards for disqualifications are silent as …