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 , , , , , , , , , , , | Comments Off

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 , , , , , , , , , | Comments Off

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 , , , , , , , , , , | Comments Off

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 , , , , , , , , , , , , , , | Comments Off

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 , , , , , , , , , , , , , , , , , , | Comments Off

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 , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off