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Articles 8881 - 8910 of 34975

Full-Text Articles in Constitutional Law

August 21, 2018: Pantheism And Penentheism, Bruce Ledewitz Aug 2018

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 Aug 2018

President Trump: Challenging Core First Amendment Principles, Timothy Zick

Popular Media

No abstract provided.


August 17, 2018: This Social Democratic Moment, Bruce Ledewitz Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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 Aug 2018

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. Aug 2018

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.


Punitive Preemption And The First Amendment, Rachel Proctor May Aug 2018

Punitive Preemption And The First Amendment, Rachel Proctor May

San Diego Law Review

In recent years, state legislators have begun passing a new breed of “punitive” preemption laws–those that impose fines, civil and criminal sanctions, and other sanctions on local governments and their officials as a consequence of passing laws or enacting policies that are inconsistent with state laws. This represents a significant change from traditional preemption, under which a local government could enact laws based on its view of preempting state statutes and applicable state constitutional provisions and, if necessary, defend its interpretation in court. When punitive preemption prevents a local lawmaking process from taking place, the state forecloses a unique form …


In Defense Of A Little Judiciary: A Textual And Constitutional Foundation For Chevron, Terence J. Mccarrick Jr. Aug 2018

In Defense Of A Little Judiciary: A Textual And Constitutional Foundation For Chevron, Terence J. Mccarrick Jr.

San Diego Law Review

This Article hopes to help fill that “important gap in the administrative law literature.” And it proceeds in three parts. Part II offers a brief history of the Chevron doctrine and its discontents. It traces the doctrine’s origin and scope and ends by articulating the textualist and originalist critique of Chevron described above. Part III grapples with that criticism and offers a textualist and originalist defense of Chevron. Section III.A describes the textual footing for Chevron in the APA and argues that Chevron—if not commanded by the APA—does not upset the role it envisions for courts. Section III.B describes the …


Culture Wars On Campus: Academic Freedom, The First Amendment, And Partisan Outrage In Polarized Times, Jason M. Shepard, Kathleen B. Culver Aug 2018

Culture Wars On Campus: Academic Freedom, The First Amendment, And Partisan Outrage In Polarized Times, Jason M. Shepard, Kathleen B. Culver

San Diego Law Review

After a California community college professor called the election of President Donald Trump an “act of terrorism” in her classroom the week after the vote, a student-recorded viral video sparked a national conservative media firestorm. Critics said the professor should be fired for outrageous liberal bias, while supporters defended her comments as being protected by academic freedom and the First Amendment. The student, meanwhile, was suspended for his unauthorized recording while defenders decried his punishment as evidence of anti-conservative discrimination and harassment. By examining tensions between faculty and student speech rights, the use of technologies to take ideological disagreements viral …


The Legal Foundations Of White Supremacy, Erika Wilson Aug 2018

The Legal Foundations Of White Supremacy, Erika Wilson

DePaul Journal for Social Justice

No abstract provided.


August 15, 2018: The Catholic Church Child Abuse Scandal Comes Out, Bruce Ledewitz Aug 2018

August 15, 2018: The Catholic Church Child Abuse Scandal Comes Out, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Catholic Church Child Abuse Scandal Comes Out“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018, David A. Logan Aug 2018

Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018, David A. Logan

Law School Blogs

No abstract provided.


Readings In Parallel Judiciaries, Paul E. Salamanca Aug 2018

Readings In Parallel Judiciaries, Paul E. Salamanca

Law Faculty Books and Chapters

No abstract provided.


Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong Aug 2018

Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong

Duke Journal of Constitutional Law & Public Policy Sidebar

Tracking is a widespread educational practice where secondary schools divide students into different classes or “tracks” based on their previous achievements and perceived abilities. Tracking produces different levels of classes, from low ability to high ability, based on the theory that students learn better when grouped with others at their own level. However, tracking often segregates students of color and low socioeconomic status into low-tracked classes and these students do not receive the same educational opportunities as white and/or wealthier students. Students and parents have historically challenged tracking structures in their schools using an Equal Protection Clause framework. However, this …


Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun Aug 2018

Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun

Washington and Lee Law Review Online

This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed ever since the Founding. Part IV, emphasizing the Reverend Martin Luther King, Jr., argues that no other reasons justify barring faith-based arguments from the public square.