Articles Tagged fourteenth Amendment

Michael J. Hooi, Substantive Due Process: Sex Toys after Lawrence Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007)

60 Fla. L. Rev. 507 (2008) | | | | TEXT :: Appellants filed suit in the U.S. District Court for the Northern District of Alabama to enjoin the enforcement of an Alabama statute that prohibits the commercial distribution of sex toys. Appellants claimed that the statute unconstitutionally burdened their rights to privacy and personal […]

Benjamin J. Robinson, Distilling Minimum Due Process Requirements for Punitive Damages Awards

60 Fla. L. Rev. 991 (2008) | | | | TEXT :: Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007) An Oregon jury found that Jesse Williams, a long time consumer of Petitioner’s Marlboro cigarettes, died because he consumed those cigarettes. The jury was convinced that Williams consumed Petitioner’s cigarettes because he believed […]

Dustin G. Hall, Constitutional Law: What to Do When a State Fails to Take Notice that its Notice has Failed?

59 Fla. L. Rev. 453 (2007) | | | | TEXT :: After Petitioner paid off his mortgage, his annual property taxes went unpaid. Respondent, Commissioner of State Lands, subsequently certified Petitioner’s property as delinquent. Under the applicable state statute, Respondent sent, via certified mail, a notice of delinquency to Petitioner’s property. The notice indicated […]

Robert Michael Kline, Constitutional Law: Is There a Protected Interest in Protection (Or Are Court Orders Merely Suggestions)?

58 Fla. L. Rev. 459 (2006) | | | | TEXT :: Respondent’s husband abducted his three little girls, ages 10, 8, and 7, and shot each of them in the head at close range. He committed this abhorrent and tragic triple murder despite the fact that Respondent had obtained a restraining order commanding him […]

Justin Smith, Post-Conviction Relief under Florida Law: The Undue Process of the Evolutionary Refinement

57 Fla. L. Rev. 653 (2005) | | | | INTRODUCTION :: “We might go further and say that even those laws which have been written down are best regarded as not unchangeable.” Aristotle “[T]hey are . . . promulgated established laws, not to be varied in particular cases, but to have one rule . […]

Marisa Lopez, Constitutional Law: Lowering the Standard of Strict Scrutiny

56 Fla. L. Rev. 841 (2004) | | | | INTRODUCTION :: Respondents adopted a law school admissions policy that considered, among other factors, applicants’ race and ethnicity. The admissions policy was designed to achieve the educational benefits of a diverse student body. As part of this policy, admissions officers often considered daily reports that […]