FLORIDA, THE CONSTITUTION, AND
THE UNITED STATES SUPREME COURT
University of Florida College of Law
Fall 2015, Course 6936-08HA
(2 Credit Hours)
Professor: Scott D. Makar
Time:
Place:
Office Hours:
Text:
10:00-11:50am, Thursdays
Room 355A
After class or by appointment.
Citations to cases will be provided; additional materials to be distributed
via TWEN and in class periodically.
Course Objectives: This course provides an overview of constitutionally significant United
States Supreme Court cases arising in Florida such as Gideon v. Wainwright along with more
recent cases such as Bush v. Gore, and Dep’t of HHS v. Florida. The course provides students
with an historical and socio-political overview of the state's judicial past as reflected in major
constitutional cases from Florida. Each student will prepare a research paper that analyzes
aspects of one such case, thereby providing greater focus on a specific constitutional issue
decided during a particular era of the state's history.
Assignments: The course generally will follow the Tentative Course Schedule presented below.
Approximately 45-60 pages of materials will be covered per class meeting. Assignments will be
revised depending upon the pace maintained during the semester as well as the number of
outside speakers. Experience shows that frequent revisions are required and that materials will be
taken out of order, for example, to accommodate the schedules of outside speakers.
Attendance and Preparation: A minimum requirement for each class meeting is to have read the
assigned materials for that class. All class members will be expected to contribute to class
discussions. Notice will be taken of both strong and inadequate preparation and attendance.
Nonattendance beyond that permitted under College guidelines will result in a lower course
grade equivalent to one half-letter grade per unexcused absence.
Class Format: Each class meeting will begin with a presentation of assigned materials followed
by a class discussion. You are encouraged to ask questions at any time. You are also encouraged
to bring materials on topics relevant to the course for class discussion. Students will be assigned
various tasks throughout the semester including presenting summaries of their seminar papers.
The class will have outside speakers from time to time. As such, students should anticipate that
the tentative class schedule will be frequently revised.
Grades: Course grades will be based on the semester paper and class preparation, participation,
and attendance. Particularly strong or weak preparation, participation, or attendance will be
factors in determining final course grades. Paper topics must be approved in writing as early as
possible in the term to enable sufficient time for research and writing. The paper will consist of
no less than 20 (and no more than 25) pages of double-spaced text appropriately footnoted (text
in footnotes does not count towards the minimum 20 page requirement). Notice: Papers must
meet citation standards (Bluebook) and compliance with the honor code, particularly as to
plagiarism, will be strictly enforced.
INITIAL CLASS SCHEDULE - (Subject to Periodic Change)
August 20
Overview of course.
August 27
Florida in the Supreme Court: 2009 Term: 8th Amendment: Graham v. Fla., 130
S. Ct. 2011 (2010); Takings Clause: Stop the Beach Renourishment v. Fla. Dep’t of
Env. Protection, 130 S. Ct. 2592 (2010); Miranda: Fla. v. Powell, 130 S. Ct. 2592
(2010).
September 3
Health Care: Dep’t of HHS v. Fla., 132 S. Ct. 2566 (2012) (aka NFIB v. Sebelius).
September 10 No Class
September 17
Right to Counsel: Gideon v. Wainwright, 372 U.S. 335 (1963); Strickland v.
Washington, 466 U.S. 668 (1984).
September 24 Election 2000 & Reapportionment: Bush v. Gore, 531 U.S. 98 (2000) (and stay
order, 121 S. Ct. 512); Bush v. Palm Beach County Canvassing Bd., 531 U.S.
(2000); Swann v. Adams, 385 U.S. 440 (1967).
October 1
First Amendment and the Media: Fla. Star v. B.J.F., 491 U.S. 524 (1989);
Chandler v. Fla., 449 U.S. 560 (1981); Time, Inc. v. Firestone, 424 U.S. 448
(1976); Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974);
Pennekamp v. Fla., 328 U.S. 331 (1946). Jacksonville and Free Expression:
Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975); Papachristou v. City of
Jacksonville, 405 U.S. 156 (1972).
October 15
Professional Regulation & Commercial Speech: Fla. Bar v. Went for It, Inc., 515
U.S. 618 (1995); Ibanez v. Fla. Dept. of Bus. & Prof. Reg., Bd. of Accn'tg, 512
U.S. 136 (1994); Edenfield v. Fane, 507 U.S. 761 (1993); State ex rel. Virgil
Hawkins v. Bd. of Control, 350 U.S. 413 (1956).
October 22
Gender Discrimination: Kahn v. Shevin, 416 U.S. 351 (1974); Hoyt v. Fla., 368
U.S. 57 (1961); Race Relations: Ingraham v. Wright, 430 U.S. 651 (1977);
Adderly v. Fla., 385 U.S. 39 (1966); Robinson v. Fla., 378 U.S. 153 (1964). Mental
Health: O’Connor v. Donaldson, 422 U.S. 563 (1975).
October 29
Search and Seizure: Fla. v. Harris, 133 S Ct. 1050 (2013); Fla. v. Jardines, 133 S.
Ct. 1409 (2013); U.S. v. Drayton, 536 U.S. 194 (2002); Fla. v. J.L., 529 U.S. 266
(2000); Fla. v. Bostick, 501 U.S. 429 (1991); Fla. v. Wells, 495 U.S. 1 (1990); Fla.
v. Riley, 488 U.S. 445 (1989); Hayes v. Fla., 470 US.S. 818 (1985); Fla. v.
Rodriguez, 469 U.S. 1 (1984); Fla. v. Royer, 460 U.S. 493 (1983); Gustafson v.
Fla., 414 U.S. 260 (1973).
November 5
Religious Liberty: Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508
U.S. 520 (Fla. 1993); Communism/Free Speech: Gibson v. Fla. Legislative
Investigation Comm., 372 U.S. 539 (1965).
November 12
Death Penalty: Parker v. Dugger, 498 U.S. 308 (1991); Spaziano v. Fla., 468 U.S.
447 (1984); Enmund v. Fla., 458 U.S. 782 (1982); Dobbert v. Fla., 432 U.S. 282
(1977); Proffit v. Fla., 428 U.S. 242 (1976); Jury Size: Williams v. Fla., 399 U.S.
78 (1970); Speedy Trial: Doggett v. U.S., 505 U.S. 647 (1992); Double Jeopardy:
Tibbs v. Fla., 457 U.S. 31 (1982).
November 19
Due Process: Gerstein v. Pugh, 420 U.S. 103 (1975); Fuentes v. Shevin, 407 U.S.
67 (1972); Zinermon v. Burch, 494 U.S. 113 (1990).
November [20] Make-Up Class. Involuntary Servitude/Lawlessness: Butler v. Perry, 240 U.S.
328 (1916); Chambers v. Fla., 309 U.S. 227 (1940); Federalism Then and Now:
Seminole Tribe of Fla. v. Fla., 517 U.S. 44 (1996); American Ins. Co. v. 356 Bales
of Cotton (Canter), 26 U.S. (1 Pet.) 511, 7 L. Ed. 242 (1828); Smut: Bucolo v.
Adkins, 424 U.S. 641 (1976); Mitchum v. Foster, 407 U.S. 225 (1972)..
December 23
End of Final Exam Period (Papers Due)
2