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Florida State University College of Law

1998

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Articles 1 - 30 of 63

Full-Text Articles in Law

The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román Oct 1998

The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román

Florida State University Law Review

No abstract provided.


Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji Oct 1998

Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji

Florida State University Law Review

No abstract provided.


Allowing Improper Argument Of Counsel To Be Raised For The First Time On Appeal As Fundamental Error: Are Florida Courts Throwing Out The Baby With The Bath Water?, Larry A. Klein Oct 1998

Allowing Improper Argument Of Counsel To Be Raised For The First Time On Appeal As Fundamental Error: Are Florida Courts Throwing Out The Baby With The Bath Water?, Larry A. Klein

Florida State University Law Review

No abstract provided.


Internal Versus External Perspectives On Law: Toward Mediation, Douglas E. Litowitz Oct 1998

Internal Versus External Perspectives On Law: Toward Mediation, Douglas E. Litowitz

Florida State University Law Review

No abstract provided.


Corporate Goliaths In The Costume Of David: The Question Of Association Aggregation Under The Equal Access To Justice Act -- Should The Whole Be Greater Than Its Parts?, Joseph J. Ward Oct 1998

Corporate Goliaths In The Costume Of David: The Question Of Association Aggregation Under The Equal Access To Justice Act -- Should The Whole Be Greater Than Its Parts?, Joseph J. Ward

Florida State University Law Review

No abstract provided.


Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate Oct 1998

Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate

Florida State University Law Review

No abstract provided.


Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan Oct 1998

Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan

Scholarly Publications

The Eighth Amendment provides that “no cruel and unusual punishment shall be inflicted.” The Supreme Court has interpreted to this to mean a punishment cannot be “grossly disproportionate” to the crime. In this article, the author addresses whether an offender's age should play a role in assessing whether a sentence is “grossly disproportionate.” Specifically, the author addresses the increasingly common practice of imposing life without parole on offenders who are under sixteen years of age at the time they committed their offense, and whether such offenders’ youthful status should play a role in proportionality analysis. The article first provides an …


Law School Engagement In Professionalism And Improved Bar Relations, Donald J. Weidner Jul 1998

Law School Engagement In Professionalism And Improved Bar Relations, Donald J. Weidner

Scholarly Publications

No abstract provided.


The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan Jul 1998

The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan

Scholarly Publications

No abstract provided.


Unsettled Standing: Who (Else) Should Enforce The Duties Of Charitable Fiduciaries?, Rob Atkinson Jul 1998

Unsettled Standing: Who (Else) Should Enforce The Duties Of Charitable Fiduciaries?, Rob Atkinson

Scholarly Publications

No abstract provided.


Fsu Law Magazine (Summer 1998), Florida State University College Of Law Office Of Advancement And Alumni Affairs Jul 1998

Fsu Law Magazine (Summer 1998), Florida State University College Of Law Office Of Advancement And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.


Deducting Year 2000 Costs, Jeffrey H. Kahn Jun 1998

Deducting Year 2000 Costs, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.


Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson Jun 1998

Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson

Scholarly Publications

Medieval alchemy is popularly associated with attempts to become rich by transmuting base elements into gold. Such attempts were less than universally successful. Yet, alchemy yielded great benefits in other areas. For instance, alchemy was one of the sources of modern sciences such as pharmacology and metallurgy.' Also, the rich and profound symbology of alchemy has influenced modern psychology.

Something similar may be said of critical tax studies. Such studies have argued that the Internal Revenue Code as a whole, or significant features of it, disadvantage-intentionally or unintentionally-groups historically oppressed or ignored by American society. Some of these arguments have …


Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig Apr 1998

Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig

Florida State University Law Review

No abstract provided.


Entrapment And Due Process: Moving Toward A Dual System Of Defenses, Kenneth M. Lord Apr 1998

Entrapment And Due Process: Moving Toward A Dual System Of Defenses, Kenneth M. Lord

Florida State University Law Review

No abstract provided.


"When Will This Traffic Stop End?": The United States Supreme Court's Dodge Of Every Detained Motorist's Central Concern—Ohio V. Robinette, George M. Dery Iii Apr 1998

"When Will This Traffic Stop End?": The United States Supreme Court's Dodge Of Every Detained Motorist's Central Concern—Ohio V. Robinette, George M. Dery Iii

Florida State University Law Review

No abstract provided.


For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz Apr 1998

For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz

Florida State University Law Review

No abstract provided.


The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson Apr 1998

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Scholarly Publications

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.

This Article has four parts. Part I is foundational. It describes the current structure for the litigation of federal tax controversies. Part II discusses the enduring attractiveness to many of enlarging the role of specialist courts in the federal tax adjudication system. It sketches proposals for a national court of …


Tax Advisor-Client Privilege: An Idea Whose Time Should Never Come, Steve R. Johnson Feb 1998

Tax Advisor-Client Privilege: An Idea Whose Time Should Never Come, Steve R. Johnson

Scholarly Publications

No abstract provided.


The New Burdens Of Proof In Ad Valorem Tax Valuation Cases, Kent Wetherell Jan 1998

The New Burdens Of Proof In Ad Valorem Tax Valuation Cases, Kent Wetherell

Florida State University Law Review

No abstract provided.


How The Glitch Stole Christmas: The 1997 Amendments To The Florida Administrative Procedure Act, Stephen T. Maher Jan 1998

How The Glitch Stole Christmas: The 1997 Amendments To The Florida Administrative Procedure Act, Stephen T. Maher

Florida State University Law Review

No abstract provided.


Florida's Expedited Permit Review Process: Streamlining The Development Of Florida's Economy, Carolyn Raepple Jan 1998

Florida's Expedited Permit Review Process: Streamlining The Development Of Florida's Economy, Carolyn Raepple

Florida State University Law Review

No abstract provided.


Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig Jan 1998

Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig

Florida State University Law Review

No abstract provided.


Toward A More Just And Predictable Civil Justice System, George N. Meros, Jr. Jan 1998

Toward A More Just And Predictable Civil Justice System, George N. Meros, Jr.

Florida State University Law Review

No abstract provided.


Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres Jan 1998

Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres

Florida State University Law Review

No abstract provided.


Clerk Fees: Legislation And Litigation, J. Marleen Ahearn Jan 1998

Clerk Fees: Legislation And Litigation, J. Marleen Ahearn

Florida State University Law Review

No abstract provided.


Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie Jan 1998

Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie

Florida State University Law Review

No abstract provided.


Tributaries Of Justice: The Search For Full Access, Talbot "Sandy" D'Alemberte Jan 1998

Tributaries Of Justice: The Search For Full Access, Talbot "Sandy" D'Alemberte

Florida State University Law Review

No abstract provided.


License To Discriminate: The Application Of Sovereign Immunity To Employment Discrimination Claims Brought By Non-Native American Employees Of Tribally Owned Businesses, Scott D. Danahy Jan 1998

License To Discriminate: The Application Of Sovereign Immunity To Employment Discrimination Claims Brought By Non-Native American Employees Of Tribally Owned Businesses, Scott D. Danahy

Florida State University Law Review

No abstract provided.


Florida's Local Historic Preservation Ordinances: Maintaining Flexibility While Avoiding Vagueness Claims, George B. Abney Jan 1998

Florida's Local Historic Preservation Ordinances: Maintaining Flexibility While Avoiding Vagueness Claims, George B. Abney

Florida State University Law Review

No abstract provided.