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Current Issue
Jan. 2013, Vol. 65, No. 1
Articles
David Haddock, Tonja Jacobi, & Matthew Sag, League Structure &Stadium Rent Seeking— the Role of Antitrust Revisited
Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban Trading on Inside information
Janai S. Nelson, The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
Sergio J. Campos, Erie as a Choice of Enforcement Defaults
Hanah Metchis Volokh, Constitutional Authority Statements in Congress
Sapna Kumar, The Accidental Agency?
Christian Turner, State Action Problems
Category Archives: Florida Constitutional 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 … Continue reading
Posted in Criminal Law, Criminal Procedure, Education Law, Florida Constitutional Law, Governments and Legislation, Uncategorized
Tagged Article IX, clarity, express provision, expressio unius, Florida Constitution, legislative power, Marasso v. Van Pelt, Opportunity Scholarship Program, OSP, Private School, Voucher, Weinberger v. Board of Public Institution
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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 … Continue reading
Posted in Constitutional Law, Education Law, Florida Constitutional Law, Uncategorized
Tagged 229.0537, Article IX, Coalition for Adequacy & Fairness in School Funding, escambia county v. florida, Florida Courts, Haughley, Inc. v. Chiles, Scavella v. School Board of Dade County, Section 1, Uniformity
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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 … Continue reading
Posted in Education Law, Florida Constitutional Law, Governments and Legislation, Judicial Systems, Uncategorized
Tagged Article IX, clear prohibition, Coalition for Adequacy & Fairness in School Funding, est exclusio alterius, expressio unius, Florida Constitution, legislative authority, Marques, OSP, Scavella v. School Board of Dade County, Taylor v. Dorsey
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Steven J. Wernick, In Accordance with a Public Outcry: Zoning Out Sex Offenders through Residence Restrictions in Florida
58 Fla. L. Rev. 1147 (2006) | | | | INTRODUCTION :: On January 11, 2006, William Smith Jr., a sixty-five-year-old convicted sex offender, moved into a small wooden house behind a day-care center in Ocala, Florida. His housewarming, however, … Continue reading
Posted in Criminal Law, Criminal Procedure, Florida Constitutional Law, Governments and Legislation, Uncategorized
Tagged conflict, Conflict of Law, convicted Sex offenders, Doe v. miller, Florida, judicial scrutiny, NIMBY, Not in My Backyard, preemption, public outcry, residence restrictions, state and local laws, Wernick, William Smith Jr, zoning
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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 … Continue reading
Posted in Constitutional Law, Education Law, First Amendment, Florida Constitutional Law, Healthcare Law, Uncategorized
Tagged decision making, Dynamic Complementarity, end-of-life, Florida Laws, Florida Legislature, guardianship, Jeb Bush, life support, life-sustaining measures, procedural, right to die, right to life, Schiavo, Schindler Family, Seperation of Powers, Snead, substantative context, Terris Law, vexing question
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Charles T. Douglas, Jr., Compensating for Canker: A Sore Subject for Florida’s Citrus Growers: Haire v. Florida Department of Agriculture & Consumer Services, 870 So. 2d 774 (Fla. 2004)
57 Fla. L. Rev. 421 (2005) | | | TEXT :: Florida’s citrus canker law (the Canker Law) requires the State to destroy healthy-appearing citrus trees that are within a 1900-foot radius of an infected tree. The Florida Legislature enacted … Continue reading
Posted in Constitutional Law, Environmental Law, Florida Constitutional Law, Fourth Amendment, Property Law, Uncategorized
Tagged 125-foot radius, 1900-foot radius, Canker Law, circumstances and locality, Citrus, citrus trees, Corneal v. State Plant Board, Department of Acgriculture, Department of Agriculture & Consumer Services v. Mid-Florida Growers, Douglas Jr. Canker, Fifth Amendment, Florida, Florida Citrus Growers, Florida Legislation, Florida Supreme Court, Florida's Citrus Canker Law, Florida's compensation clause, healthy trees, Inverse condemnation claim, Lucas v. South Carolina Coastal Council, nusiance, Oranges, Polk, spreading decline, virulent disease
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