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Articles 1 - 6 of 6
Full-Text Articles in Law
The Wolf In Sheep's Clothing: How Historical And Blight Designations In The Absence Of Constitutional Safeguards Can Render Property Rights Illusory, Kyle B. Teal, Dane L. Stuhlsatz
The Wolf In Sheep's Clothing: How Historical And Blight Designations In The Absence Of Constitutional Safeguards Can Render Property Rights Illusory, Kyle B. Teal, Dane L. Stuhlsatz
St. Thomas Law Review
This article summarily analyzes those more subtle forms of property rights infringement, including historical designations and blight designations, and it critiques laws in place that purport to grant local government the authority to assert such designations. This article also provides a summary of the causes of action owners aggrieved by unjust designations could bring in response, and critiques the flaws in those elective safeguards, which are prevalent even in property rights friendly jurisdictions such as Florida. It then proposes high-level solutions to enact legislation to limit fee exposure for property owners who bring inverse condemnation actions and Bert J. Harris …
How Beneficial Is Florida's Community Property Trust Act To The Marital Estate? A Legislative Analysis Of Florida's Community Property Trust Act, Massiel Alonso
How Beneficial Is Florida's Community Property Trust Act To The Marital Estate? A Legislative Analysis Of Florida's Community Property Trust Act, Massiel Alonso
St. Thomas Law Review
Florida is a migratory state, famous for its tropical climate and its generous tax laws. Now, Florida is joining Alaska, Tennessee, South Dakota, and Kentucky in offering a Community Property Trust for marital property. One of the benefits of a Community Property Trust Act (“CPTA”) is that when a spouse owning community property dies, the basis of both the deceased spouse’s and the surviving spouse’s (50%) shares of the property are adjusted to the property’s fair market value at the date of the decedent spouse’s death. This sort of tax adjustment is referred to as a “double step-up in basis,” …
Public Health Policing And The Case Against Vaccine Mandates, Dr. Tryon Woods
Public Health Policing And The Case Against Vaccine Mandates, Dr. Tryon Woods
St. Thomas Law Review
There can be no simple reading of a text, be it literary, philosophical or scientific, nor of the social text in the most general sense. Rather, the question must turn upon itself, no less than its putative object, as a matter of interpretation and, more important, as a matter of the forces at work in the interpretative activity under way. There is always the ascription of voice to what is otherwise silent, the attribution of a face or the placement of a mask. Le germe n’est rien, c’est le terrain qui est tout. The microbe is nothing, the soil is …
The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez
The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez
St. Thomas Law Review
The movie Jerry Maguire follows a successful sports agent who questions the morals of his work, which leads to him being stripped of his contribution at his firm and being left with one client. Throughout the movie, Maguire struggles to build his clientele while pursuing the best interests of his only client, Rod Tidwell. Somewhere along the way, Tidwell uses the word “Quan” and leaves Maguire perplexed; “Quan? That’s your word?” Tidwell replies: “Yeah, that’s my word. You know some dudes might have the coin. But they’ll never have the Quan.” “Wha…what is that?” Maguire asks, still clearly confused. Tidwell …
Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino
Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino
St. Thomas Law Review
This Comment will examine the advantages and disadvantages of direct file statutes, focusing primarily on Florida. Part II of this Comment analyzes the three different types of waiver-judicial, legislative, and prosecutorial-and discusses Florida's juvenile transfer laws, specifically Florida's direct file statute. Part III discusses the issues stemming from Florida's direct file statute, particularly that the statute is arbitrary, does not deter crime, increases recidivism, and goes against the Supreme Court finding that juveniles are different from adults. Lastly, Part IV proposes to eliminate discretionary prosecutorial direct file, and how the Florida Legislature can limit prosecutors' discretionary power in the meantime.
Florida Needs To Protect Grandma & Grandpa, Jessica A. Alvarez
Florida Needs To Protect Grandma & Grandpa, Jessica A. Alvarez
St. Thomas Law Review
This Comment discusses how amending Florida Senate Bill 896 ("S.B. 896") to incorporate more specific language regarding who can consent to electronic monitoring devices in the residents' rooms will help it pass and become part of Section 400.022, Florida Statutes." Part II will examine the current law in Florida and the attempts to amend it. Part III will explain that allowing electronic monitoring devices is in the best interest of both the resident and the nursing home, and will touch upon issues regarding expectations of privacy." Lastly, Part IV proposes to change the language of S.B. 896 so that it …