Articles Tagged strict scrutiny

Jessica C. Furst, Election Law: "Three's a Crowd": Supreme Court Protection for the Two-Party System

58 Fla. L. Rev. 921 (2006) | | | | TEXT :: Oklahoma’s semiclosed primary law permits a political party to invite voters registered as Independent to vote in that party’s primary election. The Libertarian Party of Oklahoma (LPO) notified state election officials of its intent to open its primary to all voters, regardless of […]

Heidi Kitrosser, Containing Unprotected Speech

57 Fla. L. Rev. 843 (2005) | | | | INTRODUCTION :: The Supreme Court long has deemed a few categories of speech so harmful and so lacking in value as to be unworthy of First Amendment protection. Under this approach, which this Article calls categorization doctrine, legislatures may regulate-even ban-unprotected speech categories in their […]

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 […]

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 […]

Dennis J. Shields, A Response to Professor Crump's Narrow Tailoring Analysis of Grutter: Does It Matter How Many Angels Can Dance on the Head of a Pin?

56 Fla. L. Rev. 761 (2004) | | | | INTRODUCTION :: On occasion the Supreme Court is faced with a conflict between important public values. The two cases contesting race-conscious admissions decision-making at the University of Michigan placed the Court in just such a circumstance. The plaintiffs represented the powerful principle of color-blindness in […]

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 […]