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Articles 241 - 270 of 1091
Full-Text Articles in Constitutional Law
Managing Dissent, Timothy Zick
Managing Dissent, Timothy Zick
Faculty Publications
In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a "managed speech" approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse, constrain dissident speakers, and instill social and political stability. This Article argues that at least insofar as it relates to many forms of public dissent, the managed speech approach is both deeply rooted in First Amendment jurisprudence and culturally prevalent. Historically, First Amendment jurisprudence has expressed support for narrowly managed …
Section 5'S Forgotten Years: Congressional Power To Enforce The Fourteenth Amendment Before Katzenbach V. Morgan, Christopher W. Schmidt
Section 5'S Forgotten Years: Congressional Power To Enforce The Fourteenth Amendment Before Katzenbach V. Morgan, Christopher W. Schmidt
Northwestern University Law Review
Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzenbach v. Morgan. Justice Brennan’s 1966 opinion put forth the seemingly radical claim that Congress—through its power, based in Section 5 of the Fourteenth Amendment, to “enforce, by appropriate legislation,” the rights enumerated in that Amendment—shared responsibility with the Court to define the meaning of Fourteenth Amendment rights. Although it spawned a cottage industry of scholarship, this claim has never been fully embraced by a subsequent Supreme Court majority, and in City of Boerne v. Flores, the Supreme Court rejected the heart of the Morgan …
The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.
The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.
Pace Law Review
This Article will examine the nature and constitutionality of consolidated planning boards in light of the broad powers actually granted them. The issues surrounding the constitutionality of consolidated planning boards begs, yet again, Chief Justice Marshall's question respecting the extent of the power granted to the state governments. The question is whether a municipality may abdicate its power to regulate land within its own boundaries by delegating it to a separate planning entity.
The U.S Constitution: The Original American Dream, Judith S. Kaye
The U.S Constitution: The Original American Dream, Judith S. Kaye
Pace Law Review
Adapted from Remarks delivered at Law Day ceremonies May 1, 1996, at Court of Appeals Hall, Albany, New York.
August 30, 2018: Needed: A New Ontology And Epistemology, Bruce Ledewitz
August 30, 2018: Needed: A New Ontology And Epistemology, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Needed: A New Ontology and Epistemology“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Washington and Lee Law Review Online
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the …
The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor
The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor
Master of Studies in Law Research Papers Repository
This major research paper looks at how Canadian Supreme Court justices view their role in adjudicating reference questions. Comparing the texts of 21 Supreme Court advisory opinions across two eras of the Court (Chief Justice Laskin: 1973-1984 and Chief Justice McLachlin: 2000-2017), the study examines the use of four narratives – the Guardian of the Constitution, Umpire of Federalism, Institutional and Public Will – to determine how the Court positions its role vis-à-vis the constitutional order and the other branches of government. I use a mixed-method approach that incorporates an empirically oriented content analysis of each decision, complemented by four …
August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz
August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Coming Desperate Struggle“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 23, 2018: Busy Day For Hallowed Secularism, Bruce Ledewitz
August 23, 2018: Busy Day For Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Busy Day for Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 21, 2018: Pantheism And Penentheism, Bruce Ledewitz
August 21, 2018: Pantheism And Penentheism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pantheism and Penentheism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
President Trump: Challenging Core First Amendment Principles, Timothy Zick
President Trump: Challenging Core First Amendment Principles, Timothy Zick
Popular Media
No abstract provided.
August 17, 2018: This Social Democratic Moment, Bruce Ledewitz
August 17, 2018: This Social Democratic Moment, Bruce Ledewitz
Hallowed Secularism
Blog post, “This Social Democratic Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel
Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts
Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich
Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks
Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker
Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Neighborhood Opposition And The Permissible Purposes Of Zoning, Harold A. Ellis
Neighborhood Opposition And The Permissible Purposes Of Zoning, Harold A. Ellis
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Who Owns Cross Creek?, Charles L. Siemon
Who Owns Cross Creek?, Charles L. Siemon
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer
Florida State University Journal of Land Use and Environmental Law
This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its application. …
Standing On Its Last Legs: Bennett V. Spear And The Past And Future Of Standing In Environmental Cases, Sam Kalen
Florida State University Journal of Land Use and Environmental Law
This Article examines the evolution of standing in environmental disputes. The Article traces environmental standing from the 1970s when the "zone of interests" test was first applied in Association of Data Processing Service Organizations v. Camp, through Lujan v. Defenders of Wildlife over twenty years later, which outlined the three requirements of concrete and particularized imminent injury, traceability, and redressibility. The Article then describes how Bennett v. Spear, decided by the Supreme Court in1997, and other recent lower court decisions have produced a haphazard and incoherent approach to standing in cases involving the National Environmental Policy Act (NEPA) and the …
Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis
Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard
Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet
The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Everglades Restoration: A Constitutional Takings Analysis, Sharon S. Tisher
Everglades Restoration: A Constitutional Takings Analysis, Sharon S. Tisher
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Public Trust Doctrine And Sovereignty Lands In Florida: A Legal And Historical Analysis, Sidney F. Ansbacher, Joe Knetsch
The Public Trust Doctrine And Sovereignty Lands In Florida: A Legal And Historical Analysis, Sidney F. Ansbacher, Joe Knetsch
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Avoiding The Takings Clause Through The Myth Of Public Rights: The Public Trust And Reserved Rights Doctrines At Work, James L. Huffman
Avoiding The Takings Clause Through The Myth Of Public Rights: The Public Trust And Reserved Rights Doctrines At Work, James L. Huffman
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
General Propositions And Concrete Cases: The Search For A Standard In The Conflict Between Individual Property Rights And The Social Interest, Donald C. Dowling, Jr.
General Propositions And Concrete Cases: The Search For A Standard In The Conflict Between Individual Property Rights And The Social Interest, Donald C. Dowling, Jr.
Florida State University Journal of Land Use and Environmental Law
No abstract provided.