Education Law

Nicolas Hamann, Florida Constitutional Law: Reducing Legislative Discretion: A Clearly Unclear Application of Expressio Unius

58 Fla. L. Rev. 935 (2006) | | | | TEXT :: The Opportunity Scholarship Program (OSP) provided public school students with the option of transferring to either an eligible private school or to another public school that met certain academic requirements. If the student chose a private school, the State would then issue a […]

Lila Haughey, Florida Constitutional Law: Closing the Door to Opportunity: The Florida Supreme Court's Analysis of Uniformity in the Context of Article IX, Section 1

58 Fla. L. Rev. 945 (2006) | | | | TEXT :: The Florida legislature enacted the Opportunity Scholarship Program (OSP) in 2002 to improve the quality of education in Florida, allowing students at failing public schools to either attend another public school or use state funds to enroll at a private school. Florida public […]

Jason Marques, Florida Constitutional Law: Circumscribing Legislative Authority in The Absence of a Clear Prohibition

58 Fla. L. Rev. 957 (2006) | | | | TEXT :: The Opportunity Scholarship Program (OSP), a state-funded, parent- choice voucher system, was designed to provide private school scholarships to students enrolled in certain Florida public schools. Upon its enactment in 1999, Respondents assailed the OSP as facially defective under both the state and […]

O. Carter Snead, Dynamic Complementarity: Terri's Law and Separation of Powers Principles in the End-Of-Life Context

57 Fla. L. Rev. 53 (2005) | | | | INTRODUCTION :: The bitter dispute over the proper treatment of Theresa Marie Schiavo-a severely brain damaged woman, unable to communicate and with no living will or advance directive-has garnered enormous attention in the media, both national and international. What began as a heated disagreement between […]

Christopher Wolfe, Moving Beyond Rhetoric

57 Fla. L. Rev. 1065 (2005) | | | | TEXT :: William Eskridge’s Body Politics: Lawrence v. Texas and the Constitution of Disgust and Contagion is an unusually rhetorical piece. At times it appears that Eskridge thinks that if he characterizes his opponents’ position as one of “disgust” and fear of “contagion” often enough […]

David Crump, The Narrow Tailoring Issue in The Affirmative Action Cases: Reconsidering the Supreme Court's Approval in Gratz and Grutter of Race-Based Decision-Making by Individualized Discretion

56 Fla. L. Rev. 483 (2004) | | | | INTRODUCTION :: The Supreme Court’s doctrine known as strict scrutiny is divided into two elements. First, there is the requirement that a State identify a “compelling governmental interest” that supports the state’s use of race as a factor. Second, and just as important, there is […]