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New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey Dec 1985

New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey

St. Mary's Law Journal

Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment. In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …


Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll Dec 1985

Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll

St. Mary's Law Journal

Abstract Forthcoming.


Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth Dec 1985

Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth

St. Mary's Law Journal

Abstract Forthcoming.


Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade Dec 1985

Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade

St. Mary's Law Journal

Abstract Forthcoming.


Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell Dec 1985

Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell

St. Mary's Law Journal

Abstract Forthcoming.


Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof Dec 1985

Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof

St. Mary's Law Journal

Abstract Forthcoming.


Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner Dec 1985

Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner

St. Mary's Law Journal

Abstract Forthcoming.


Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan Dec 1985

Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan

St. Mary's Law Journal

Abstract Forthcoming.


A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr. Dec 1985

A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor Dec 1985

Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor

St. Mary's Law Journal

Abstract Forthcoming.


The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv Dec 1985

The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv

St. Mary's Law Journal

Abstract Forthcoming.


Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner Dec 1985

Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner

Michigan Law Review

This Note analyzes the conflicting interests involved in televising state criminal trials and proposes a model set of guidelines for consideration by states that decide to permit electronic media in their courtrooms. The Note favors restrictions on broadcasters once in the courtroom and advocates that the defendant's right to a fair trial receive more scrupulous protection than the broadcast media's interest in attendance and the public's "right to know." Part I presents the constitutional principles with which any set of guidelines must comply. Part II analyzes the policy considerations that should guide the formulation of state guidelines, and concludes that …


A Return To Sunshine: Florida Sunsets Open Government Exemptions, Barry Richard, Richard Grosso Oct 1985

A Return To Sunshine: Florida Sunsets Open Government Exemptions, Barry Richard, Richard Grosso

Florida State University Law Review

No abstract provided.


Erisa Preemption: Judicial Flexibility And Statutory Rigidity, Leon E. Irish, Harrison J. Cohen Oct 1985

Erisa Preemption: Judicial Flexibility And Statutory Rigidity, Leon E. Irish, Harrison J. Cohen

University of Michigan Journal of Law Reform

This Article attempts to describe the ways in which, and the reasons why section 514(a) has caused the courts and Congress so much difficulty. Part I reviews the legislative history of section 514(a), with emphasis on the ambivalence Congress has shown toward its 1974 draftsmanship. Part II attempts to provide a coherent description of the case law that has developed under section 514(a). Part III completes the legislative history by examining the two instances in which experience compelled Congress to revise section 514. Finally, Part IV discusses examples of problems courts have faced when crafting a federal common law of …


Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck Oct 1985

Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck

University of Michigan Journal of Law Reform

Part I of this Note explains the history of the law's response to Bad Samaritanism. Part II discusses the benefits of enacting a duty to notify. Part III responds to various objections that might be raised against the duty to notify. And Part IV offers a model statute for legislatures to follow in enacting the duty to notify.


Erisa Retirement Plans In Individual Bankruptcy, John Minton Newell Oct 1985

Erisa Retirement Plans In Individual Bankruptcy, John Minton Newell

University of Michigan Journal of Law Reform

When an employee covered by an ERISA retirement plan files a petition in bankruptcy, the court is presented with a number of complex issues regarding the relationship among ERISA, the Bankruptcy Code (Code), and the state law of creditors' rights. Three issues have emerged in these cases, and the courts have divided on the proper resolution of each of these issues. First, is the debtor's interest in an ERISA retirement plan "property of the estate," and thus available for distribution to creditors? Second, if the debtor's interest is property of the estate, and the debtor uses the state exemption scheme, …


Foreword, Kenneth C. Jenne Oct 1985

Foreword, Kenneth C. Jenne

Florida State University Law Review

No abstract provided.


Unfinished Business -- Protecting Public Rights To State Lands From Being Lost Under Florida's Marketable Record Title Act, David L. Powell Oct 1985

Unfinished Business -- Protecting Public Rights To State Lands From Being Lost Under Florida's Marketable Record Title Act, David L. Powell

Florida State University Law Review

No abstract provided.


The Defeat Of Senate Joint Resolution 27: Is There A Lottery In Florida's Future?, Kenneth E. Keechl Oct 1985

The Defeat Of Senate Joint Resolution 27: Is There A Lottery In Florida's Future?, Kenneth E. Keechl

Florida State University Law Review

No abstract provided.


Preface Oct 1985

Preface

Florida State University Law Review

No abstract provided.


The Search For Intent: Aids To Statutory Construction In Florida -- An Update, Robert M. Rhodes, Susan Seereiter Oct 1985

The Search For Intent: Aids To Statutory Construction In Florida -- An Update, Robert M. Rhodes, Susan Seereiter

Florida State University Law Review

No abstract provided.


The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum Oct 1985

The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum

Florida State University Law Review

No abstract provided.


A Sobering New Approach To Liquor Vendor Liability In Florida, Lucinda Burwell Oct 1985

A Sobering New Approach To Liquor Vendor Liability In Florida, Lucinda Burwell

Florida State University Law Review

No abstract provided.


Managing Florida's Growth: Toward An Integrated State, Regional, And Local Comprehensive Planning Process, Thomas G. Pelham, William L. Hyde, Robert P. Banks Oct 1985

Managing Florida's Growth: Toward An Integrated State, Regional, And Local Comprehensive Planning Process, Thomas G. Pelham, William L. Hyde, Robert P. Banks

Florida State University Law Review

No abstract provided.


The Second Reformation: Florida's Medical Malpractice Law, F. Townsend Hawkes Oct 1985

The Second Reformation: Florida's Medical Malpractice Law, F. Townsend Hawkes

Florida State University Law Review

No abstract provided.


Curbing Predatory Practices In Florida's Petroleum Marketing Industry, J. Michael Huey, Geoffrey B. Schwartz, Douglas S. Roberts Oct 1985

Curbing Predatory Practices In Florida's Petroleum Marketing Industry, J. Michael Huey, Geoffrey B. Schwartz, Douglas S. Roberts

Florida State University Law Review

No abstract provided.


Containment Of Hospital And Health Care Costs -- The Regulated Marketplace, Linda H. Richey Oct 1985

Containment Of Hospital And Health Care Costs -- The Regulated Marketplace, Linda H. Richey

Florida State University Law Review

No abstract provided.


Meeting The Agency Burden Under The Confidential Source Exemption To The Freedom Of Information Act, Judith A. Bigelow Sep 1985

Meeting The Agency Burden Under The Confidential Source Exemption To The Freedom Of Information Act, Judith A. Bigelow

Washington Law Review

This Comment analyzes the approaches of the courts of appeals to the confidential source exemption. First, the Comment presents a brief history of the Freedom of Information Act and the development of exemption 7(D) in Congress and the courts. The Comment explains and criticizes the conflicting judicial treatment of the agency's burden under the exemption. Finally, the Comment proposes a uniform approach to the agency burden that is consistent with the policies underlying both the Act and the exemption.


Meeting The Agency Burden Under The Confidential Source Exemption To The Freedom Of Information Act, Judith A. Bigelow Sep 1985

Meeting The Agency Burden Under The Confidential Source Exemption To The Freedom Of Information Act, Judith A. Bigelow

Washington Law Review

This Comment analyzes the approaches of the courts of appeals to the confidential source exemption. First, the Comment presents a brief history of the Freedom of Information Act and the development of exemption 7(D) in Congress and the courts. The Comment explains and criticizes the conflicting judicial treatment of the agency's burden under the exemption. Finally, the Comment proposes a uniform approach to the agency burden that is consistent with the policies underlying both the Act and the exemption.


Florida's Open Government Laws: No Exceptions For Attorney-Client Communications, Lucille E. Turner Jul 1985

Florida's Open Government Laws: No Exceptions For Attorney-Client Communications, Lucille E. Turner

Florida State University Law Review

No abstract provided.