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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
Tag Archives: 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 … Continue reading
Posted in Constitutional Law, Election Law, First Amendment, Governments and Legislation, Uncategorized
Tagged abridgement of voters fundamental rights, election Law, Eu San Francisco County Democratic Central Committee, first amendment, First Amendment right, Furst, libertarian party of oklahoma, LPO, primary law, primarys, state election officials, strict scrutiny, Tashjian v. Republican Party of Connecticut, Two Party System
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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 … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, First Amendment, Jurisprudence, Uncategorized
Tagged ban on threats, containment-based risks, content-based regulations, content-based subcategories, cross-burning, doctrinal standards, doctrinal tests, First Amendment Protection, Kitrosser, protected speech, R.A.V. v. City of St. Paul, strict scrutiny, subcategories of speech, theoretical grounding, Unprotected Speech, Virginia v. Black
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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 … Continue reading
Posted in Civil Rights Law, Constitutional Law, Criminal Law, Criminal Procedure, Florida Constitutional Law, Healthcare Law, Uncategorized
Tagged abortions, Broad and Fundamental right, compelling interest standard, compelling state interest, constitutional law, court approval, Dick, Florida Constitution, Florida privacy right, Floridian, governmental infringements, In re TW, Jones court, minor, minor protection facilitating family autonomy, minors, minors' right to privacy, mistreatment, parent notification, Parental Notice of Abortion Act, pregnant minor, Privacy, privaleged status, right to be let alone, sexual activity, sexual exploitation, state officials, strict scrutiny, winfield standard, winfield v. division of pari-mutuel wagering
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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 … Continue reading
Posted in Civil Rights Law, Constitutional Law, Discrimination Law, Education Law, Judicial Systems, Uncategorized
Tagged Affirmative Action, compelling government interest, compelling objectives, Crump, Gratz, Grutter, improper practices, Individualized Discretion, minimal probability, Narrow Tailoring Issue, race, Race-Based Decision-Making, strict scrutiny
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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 … Continue reading
Posted in Civil Rights Law, Constitutional Law, Discrimination Law, First Amendment, Uncategorized
Tagged admissions decision-making, Affirmative Action, Bakke, color-blindness, compelling state interest, Crump, Dance on the Head of a Pin, diversity, Dr. Loury, first amendment, Gratz v. Bollinger, Grutter, Grutter v. Bollinger, higher education, Law School, morally irrelevant trait, Narrow Tailoring, non-discrimination, public good, public values, race-conscious, race-consciousness, Regents of the University of California v. Bakke, Shields, strict scrutiny, University of Michigan Law School, wealth and power
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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 … Continue reading
Posted in Constitutional Law, Contract Law, Discrimination Law, Employment Law, First Amendment, Government Contracts, Labor & Employment Law, Uncategorized
Tagged accepted minorites, Adarand Constructors, compelling state interest, Compensation, constitutional law, disadvantage, discriminatory intent, diverse student body, faically neutral, first amendment, fourteenth Amendment, good faith, Inc. v. Pena, law School admissions policy, Lopez, narrowly tailored means, race and ethnicity, racial classification, racially discriminatory, single-sex institutions, Standard, strict scrutiny, student body diversity, United States v. Virginia, University of California v. Bakke
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