Articles Tagged Supreme Court

Robert A. Garda, Jr., The White Interest in School Integration

63 Fla. L. Rev. 599 (2011)| | | | ABSTRACT :: Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools, despite white interests underpinning more than thirty years of Supreme Court […]

Jim Gash, The End Of An Era: The Supreme Court (Finally) Butts Out of Punitive Damages For Good

63 Fla. L. Rev. 525 (2011)| | | | INTRODUCTION :: It is finally over. The Supreme Court’s incursion into punitive damages jurisprudence has unceremoniously ended, but not before the Court, under the guise of substantive due process, erected a complex and constitutionally dubious set of rules in an effort to fix the heretofore-intractable multiple […]

John C. Jeffries Jr., What's Wrong with Qualified Immunity

62 Fla. L. Rev. 851 (2010) | | | | INTRODUCTION :: Qualified immunity protects government officers from damages liability for violating constitutional rights. It does not constrain injunctions, exclusion of evidence, or the defensive assertion of rights in government enforcement proceedings. Nor does it apply to all damage actions. Officers performing legislative, judicial, and […]

Mark C. Weber, Unreasonable Accommodation and Due Hardship

62 Fla. L. Rev. 1119 (2010) | | | | | ABSTRACT :: This Article analyzes authoritative sources concerning the Americans with Disabilities Act accommodation requirement and concludes: (1) Reasonable accommodation and undue hardship are two sides of the same coin. The statutory duty is accommodation up to the limit of hardship, and reasonable accommodation […]

David A. Anderson, Confidential Sources Reconsidered

61 Fla. L. Rev. 883 (2009) | | | | INTRODUCTION :: For fifty years, the courts have debated whether the First Amendment guarantee of freedom of the press requires that journalists be allowed to protect confidential sources. Many state and federal courts have answered in the affirmative, creating a First Amendment “reporter’s privilege.” The […]