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Case Comments: Constitutional Law: Reaffirming Every Floridian’S Broad And Fundamental Right To Privacy, Diane Lourdes Dick
Case Comments: Constitutional Law: Reaffirming Every Floridian’S Broad And Fundamental Right To Privacy, Diane Lourdes Dick
Faculty Articles
In this article Professor Diane Lourdes Dick examines the Parental Notice of Abortion Act (the Act) that was passed in 1999 by the Florida Legislature, which required minors seeking an abortion to either notify a parent prior to the procedure or obtain court approval to waive parental notice. A minor choosing the latter option must demonstrate to a court that she is either mature enough to make the decision or that, despite a court's finding that she lacks sufficient maturity, parental notification is clearly not in her best interest. The statute has never been enforced and the right to privacy …
Preemptive War: Is It Constitutional, John B. Mitchell
Preemptive War: Is It Constitutional, John B. Mitchell
Faculty Articles
When America attacked Iraq in 2002, it was the first preemptive war in the history of our nation. While there is daily debate over the wisdom and consequences of that action, the question whether the federal government even possessed the power under the Constitution to wage preemptive war does not seem to have been raised. Although the legal literature abounds with discussion about whether the President may authorize significant military operations without the explicit authorization of Congress, the author could not find a single work written in legal cases or commentary about preemptive war. This article considers this heretofore unanswered …