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People v. Coughlin and Criticisms of the Criminal Jury in Late Nineteenth-Century Chicago UF Law Faculty Publications (2008)
The last decades of the nineteenth century and the first decades of the twentieth century are typically characterized as the era in which the criminal jury trial came to an end. Although criminal juries did ...
Death or Transformation? Educational Autonomy in the Roberts Court UF Law Faculty Publications (2008)
In the aftermath of the Supreme Court's decisions in Grutter and Gratz a number of commentators argued that the Court had begun to embrace a new constitutional doctrine that required deference to the decisions of ...
Employee Speech & Management Rights: A Counterintuitive Reading of Garcetti v. Ceballos UF Law Faculty Publications (2008)
In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this ...
A Constitutionalist Perspective UF Law Faculty Publications (2005)
Intended as a sustained critique of modern communitarian thought written from a constitutionalist perspective, Beau Breslin'sCommunitarian Constitution is a handy primer on modern communitarian thought and a provoking consideration of the impact of communitarian thinking ...
A Different Sort of Justice: The Informal Courts of Public Opinion in Antebellum South Carolina UF Law Faculty Publications (2003)
Studies of nineteenth century legal history assume that the antebellum South, and antebellum South Carolina in particular, had a legal culture shaped by honor culture and marked by the hierarchical assumptions and extralegal violence that ...