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Articles 1 - 30 of 242
Full-Text Articles in Law
From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams
From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams
Florida State University Journal of Land Use and Environmental Law
This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take …
Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern
Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern
Florida State University Journal of Land Use and Environmental Law
In this Article, the author examines county court decisions and jury nullification regarding the 1994 amendment to the Florida Constitution known as the "net ban" in the Florida Panhandle. The Article considers the events leading to the 1994 amendment passed by citizen initiative petition that limits marine net fishing. The Article provides glimpses into the social, economic, and political elements of the fishing communities affected by the net ban. The article provides examples of suspect decisions issued by Panhandle county courts, and examines the factors possibly motivating these decisions. Application of a framework for analyzing judicial decisions demonstrates that the …
Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern
Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern
Florida State University Journal of Land Use and Environmental Law
In this Comment, the author explores the ambiguity that is Florida's Butler Act and argues that direction is needed, either from the Florida Supreme Court or the Florida Legislature. The discussion begins with the roots of the Butler Act, the Riparian Rights Act of 1856, the analysis of which blends seamlessly with that of the public trust doctrine. Turning to the most significant ambiguity in the Butler Act, the author surveys the cases construing the meaning of "improvements" as used in the Act and contrasts each of them against the others. Most notably, the author examines the effect the Butler …
Coastal Protection Of Sea Turtles In Florida, Katherine R. Butler
Coastal Protection Of Sea Turtles In Florida, Katherine R. Butler
Florida State University Journal of Land Use and Environmental Law
This Comment concentrates on the coastal threats to sea turtle survival in Florida and the laws the state has enacted to protect sea turtles against the detrimental effects of human coastal activities, including operating vehicles on the beaches, artificial beachfront lighting, and interference in nesting behavior associated with coastal construction and erosion control projects. After providing background information on sea turtle behavior and describing the dangers sea turtles face in Florida, this Comment examines federal and state laws designed to protect sea turtles. The author then analyzes the success of these laws and additional efforts to protect Florida's sea turtles. …
Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson
Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson
Florida State University Journal of Land Use and Environmental Law
In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators. Additionally, the …
Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts
Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts
Florida State University Journal of Land Use and Environmental Law
This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address …
The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher
The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher
Florida State University Journal of Land Use and Environmental Law
In the past few years, more affluent unincorporated communities have chosen incorporation, particularly in South Florida. This Article addresses the recent incorporation phenomenon in Florida, examining the causes and effects of the movement. The first part of the Article provides background on the structure of Florida's local government system. Additionally, the Article discusses the advantages of incorporation to Florida's communities, explaining the impetus for this new trend. Next, the Article explores the revenue tax base erosion resulting from these recent incorporations and discusses other problems caused by the incorporation wave. Lastly, the Article presents potential options to assuage the incorporation …
The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman
Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993, Bruce Wiener, David Dagon
Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993, Bruce Wiener, David Dagon
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
A Comparative Analysis Of The Criminal Environmental Laws Of The Fifty States: The Need For Statutory Uniformity As A Catalyst For Effective Enforcement Of Existing And Proposed Laws, John Decicco, Edward Bonanno
A Comparative Analysis Of The Criminal Environmental Laws Of The Fifty States: The Need For Statutory Uniformity As A Catalyst For Effective Enforcement Of Existing And Proposed Laws, John Decicco, Edward Bonanno
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby
Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby
Florida State University Journal of Land Use and Environmental Law
This Article discusses water supply problems in Florida, specifically addressing water supply and local and regional planning laws. First, background is provided on Florida's current water situation, including Florida's state and local growth management plans. Additionally, the Article analyzes the role of the water management districts in Florida. The Article examines two factors contributing to Florida's water supply problems: pollution and population growth. Finally, the Article concludes with recommendations to alleviate these water problems, including leadership and coordination in planning, emphasis of regional planning components, further research of the local supply first policy, promotion of conservation, and finally, encouragement of …
Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard
Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application, Robert M. Kessler
The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application, Robert M. Kessler
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer
Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Government Subsidy Of Coastal Barrier Development, Mike Donovan
Government Subsidy Of Coastal Barrier Development, Mike Donovan
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Warren S. Henderson Wetlands Protection Act Of 1984: A Primer, Mary F. Smallwood, Silvia Morell Alderman, Martin R. Dix
The Warren S. Henderson Wetlands Protection Act Of 1984: A Primer, Mary F. Smallwood, Silvia Morell Alderman, Martin R. Dix
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?, Terrell K. Arline, David M. Layman, Carl Coffin
Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?, Terrell K. Arline, David M. Layman, Carl Coffin
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith
Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith
Florida State University Journal of Land Use and Environmental Law
This Article sets forth and analyzes the Development of Regional Impact (DRI) Process and suggests changes which should be made to improve the process under the Florida Environmental Land and Water Management Act. The Article discusses how to determine whether a project is a DRI subject to regulation under chapter 380, Florida Statutes. The Article also discusses various DRI review procedures, including regular DRI review, coordinated review process, master development approval, substantial deviations, and area-wide development plans. The Article explains the appeals process under chapter 380, including standing, procedure and scope of review. The Article concludes that if the DRI …
Localism, Labels And Animal Welfare, Samuel R. Wiseman
Localism, Labels And Animal Welfare, Samuel R. Wiseman
Scholarly Publications
The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …
Expectations In The Mirror: Lawyer Professionalism And The Errors Of Mandatory Aspirations, Keith W. Rizzardi
Expectations In The Mirror: Lawyer Professionalism And The Errors Of Mandatory Aspirations, Keith W. Rizzardi
Florida State University Law Review
For years, Florida has been a leader in the professionalism movement, and state leaders have created new documents and standards to make professionalism enforceable. The rest of the nation can learn from Florida’s errors, because the Sunshine State has blurred the lines between professionalism and legal ethics. In fact, history shows that Florida is simply repeating the same mistakes that have been addressed time and time again as our system of legal ethics has evolved. At times, Florida’s professionalism concepts even contradict themselves. Indeed, from a jurisprudential perspective, even H.L.A. Hart and Lon Fuller—who otherwise disagreed over the morality of …
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Florida State University Law Review
No abstract provided.
A Rose By Any Other Name: Florida's Return To Consolidated-Tomoka, Jacqueline Van Laningham
A Rose By Any Other Name: Florida's Return To Consolidated-Tomoka, Jacqueline Van Laningham
Florida State University Law Review
No abstract provided.
Fixing Bail, Samuel R. Wiseman
Fixing Bail, Samuel R. Wiseman
Scholarly Publications
A large portion of the jail population consists of criminal defendants whose guilt has yet to be established. A growing number of states have attempted to reduce jail populations in light of budget concerns, and many federal and state statutes already direct judges to detain defendants only if alternative conditions will not protect society or prevent pretrial flight. Despite these legislative directives, judges continue to jail too many defendants pretrial. Indeed, although statutes often direct judges not to impose financial conditions leading to detention, many pretrial detainees are in jail because they could not afford the bond set by a …
Legislative Delegations And The Elections Clause, Derek T. Muller
Legislative Delegations And The Elections Clause, Derek T. Muller
Florida State University Law Review
No abstract provided.
Emerging Legal And Institutional Responses To Sea-Level Rise In Florida And Beyond, David L. Markell
Emerging Legal And Institutional Responses To Sea-Level Rise In Florida And Beyond, David L. Markell
Scholarly Publications
No abstract provided.