Healthcare Law

Rosalie Berger Levinson, Reining in Abuses of Executive Power through Substantive Due Process

60 Fla. L. Rev. 519 (2008) | | | | ABSTRACT :: Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures […]

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 […]

Edward C. Lyons, In Incognito -The Principle of Double Effect in American Constitutional Law

57 Fla. L. Rev. 469 (2005) | | | | INTRODUCTION :: Relying explicitly on the “principle of double effect” for the first time in American law, the Supreme Court in Vacco v. Quill -a decision noteworthy if for no other reason than for that very reliance-rejected an equal protection claim asserting a right to […]

Diane Lourdes Dick, Constitutional Law: Reaffirming Every Floridian's Broad and Fundamental Right to Privacy

56 Fla. L. Rev. 447 (2004) | | | | TEXT :: In 1999, the Florida Legislature passed the Parental Notice of Abortion Act (the Act), which required minors seeking an abortion to either notify a parent prior to the procedure or obtain court approval to waive parental notice. A minor choosing the latter option […]