Law Commons^™

Alternatives To Public School: Florida's Compulsory Education Dilemma, Gary E. Sherman

Nova Law Review

The value of a quality education in our society is unquestioned.

However, controversy exists concerning state efforts to insure education

for its citizens.

The Use Of Contempt Of Court To Enforce Florida Divorce Decrees, Jeffrey F. Thomas

Nova Law Review

Florida's courts often use contempt sanctions as a highly effective

means of enforcing final divorce decrees." Accordingly, when a party

fails to comply with a provision of the divorce order, the recalcitrant

party may be threatened with imprisonment.

Nurse Practitioners: Here Today . . . Gone Tomorrow?, Sheryl Havens

Nova Law Review

Today's nurse practitioners are fair game for malpractice lawsuits.

These specialized nurses provide primary care services such as diagnosis,

prescription and treatment for lower fees than physicians.

A Proposal For Changing Florida's Civil Commitment System, Winsor C. Schmidt

Nova Law Review

For purposes of this analysis, "civil commitment" is a form of noncriminal

confinement for those who are legally found to be mentally

ill.1 With the minor exception of rare confinement for some communicable

diseases, there is no analogue of involuntary commitment for

physical illness.

The Brandeis/Frankfurter Connection: The Secret Political Activities Of Two Supreme Court Justices. By Bruce Allen Murphy. New York: Oxfor University Press. 1982. Pp. 473. $18.95, Arthur S. Miller

Nova Law Review

The Brandeis/Frankfurter Connection1 is an interesting book, even

an important one.

Nuclear Weapons And Constitutional Law, Arthur S. Miller

Nova Law Review

The time has come for lawyers to confront the question of whether

nuclear weapons-their manufacture, deployment, and use-can be

justified under either constitutional or international law.

The Corporation's Attorney-Client Gamble: Privileged Communications Or Discovery Prone Disclosures, Mark R. Mccollem

Nova Law Review

This article consists of a six-part study into the attorney-client

privilege as it applies to the modern corporate client.

A Grenville Clark Hypothetical, Gerald T. Dunne

Nova Law Review

In any discussion of Nuclear Weapons, Grenville Clark (1882-

1967) is an important figure. He had a long, happy, and successful life.

Born to wealth, power, and position, his historic achievements included

distinction in two wars-launching the Plattsburg training camps

which were the catalyst of the Preparedness Movement in World War

I, and in World War II virtually single-handedly securing the enactment

of the Selective Service and Training Act of 1940 which produced

a minimally armed America on the eve of Pearl Harbor.

The Constitution And Nuclear Defense, Arval A. Morris

Nova Law Review

It is becoming common knowledge" that the combined nuclear

arsenals of the United States and the Soviet Union contain more than

50,000 warheads, having a destructive power more than one million

times greater than the atomic bomb that destroyed Hiroshima.

Nova Law Review Full Issue

Nova Law Review

No abstract provided.

Speedy Trial Rights For Florida's Juveniles: A Surveyof Recent Interpretations By Florida Courts, Barbara D. Stull

Nova Law Review

"Delay of justice is injustice." This maxim is embodied in the Bill

of Rights and in Florida's Constitution: it is implemented by the federal

government's Speedy Trial Act of 1974" and by Florida's Rules of

Criminal and Juvenile Procedure.

The Spousal Notice And Consultation Requirement: A New Approach To State Regulation Of Abortion, Bambi G. Blum

Nova Law Review

Historically, state government has regulated certain aspects of the

marital relationship in order to further its interest in maintaining a stable

and well-functioning society

Scheinberg V. Smith: Toward Recognition Of Minors' Constitutional Right To Privacy In Abortion Decisions, Judith L. Weinstein

Nova Law Review

On October 1, 1981, the United States Court of Appeals for the

Fifth Circuit affirmed the decision of the district court in Scheinberg v.

Smith,'that the parental consent provisions of the Florida Medical

Practice Act regarding abortion, unconstitutionally invaded a woman's

right to privacy.

The Florida Land Trust: An Overview, Mitchell A. Sherman

Nova Law Review

In 1963 the Florida legislature, in an effort to stimulate the productivity,

growth, and development of Florida real estate, sanctioned

use of the land trust and enacted chapter 63-468, Laws of Florida, now

section 689.071.

Liability Of Commercial Premises Owners To Injured Invitees: Estate Of Starling V. Fisherman's Pier, Roberta Kushner

Nova Law Review

In the early morning hours of December 24, .1978, John Starling,

inebriated to the point of unconsciousness, rolled off a commercial fishing

pier into the surrounding waters and drowned.

Courts: A Comparative And Political Analysis. By Martin Shapiro. Chicago: University Of Chicago Press. 1981. Pp. Ix + 245. $20.00, Arthur S. Miller

Nova Law Review

Martin Shapiro, a political scientist who is a member of the law

faculty of the University of California at Berkeley, has done more than

anyone to illumine the political nature of law.

Stripping Away The Fictions: Interview With Mr. Justice Arthur J. Goldberg*

Nova Law Review

Professor Wisotsky: Mr. Justice Goldberg, in the case of Washington

v. Davis,1 a group of black applicants, unsuccessfully seeking

police positions on the District of Columbia Police Force, sued alleging

the entrance test, in effect, was racially discriminatory because they

failed at a rate much greater than white applicants.

Asbestos Litigation: Balancing The Interests Of Insurance Companies, Manufacturers And Victims, Ryna Ellen Mehr

Nova Law Review

Asbestosis victims file approximately 300 to 400 claims each

month.

Worker's Compensation And The Employee's Right To Maintain A Tort Action Against The Parentcorporation. Gulfstream Land And Developmentcorporation V. Wilkerson., Heddy Muransky

Nova Law Review

The plaintiff in Gulfstream Land & Development Corp. v. Wilkerson1

sustained injuries when he fell into a hole located on the premises

of Gulfstream Land & Development Corporation. His employer was

Gulfstream Utilities Corporation, the wholly owned subsidiary of Gulfstream

Land & Development Corporation.

Is Home Videotaping A Fair Use Of Copyrighted Programs? Univeral City Studios, Inc. V. Sony Corporation Of America, Howard S. Toland

Nova Law Review

On October 19, 1981, the United States Court of Appeals for the

Ninth Circuit held that private in-home television videotaping infringes

upon copyrights.

Incarceration As A Condition Of Probation: New Limitations, James E. Morgan Iii

Nova Law Review

In the past, Florida judges have attempted to circumvent a parole

policy, which they considered to be ineffective. They withheld imposition

of sentence upon a defendant found guilty of the crime for which

he was charged, and imposed an order of probation with the condition

that the defendant serve a lengthy term in the county jail or state penitentiary.

Nova Law Review Full Issue

Nova Law Review

No abstract provided.

An Interview With Jeremiah Pangloss-A Prelude To The Constitutional Debate, Ovid C. Lewis

Nova Law Review

Given the complex nature of nuclear weapons strategy for instituting

W.W. II,-a subject (survival) for which most of us display intense

feelings that tend to cloud our objectivity-I decided to ask my

illustrious friend Dr. Jeremiah Pangloss, to write an introductory piece

for this symposium.

Nuclear War: The End Of Law, Milner S. Ball

Nova Law Review

Professor Miller summons us to consider the constitutionality of

nuclear weapons. In doing so, he has made an original, provocative contribution

to constitutional jurisprudence as well as the humanizing

politics of nuclear arms control. He speaks with scholarly responsibility

on a subject that has heretofore engendered either silence or nonsense

and bombast.

Nuclear Weapons Policy: The Ultimate Tyranny, Elliot L. Meyrowitz

Nova Law Review

In Foreign Affairs and The Constitution,' Professor Louis Henkin

pointed out that one of the important traditional functions of the Constitution,

albeit many times overlooked and ignored, has been to limit

the actions of our government in the area of foreign relations.

Letter From The Government, William H. Taft Iv

Nova Law Review

July 15, 1982

Articles Editor

Nova Law Review

3100 S.W. 9th Avenue

Fort Lauderdale, Florida 33315

You have written to both Secretary Weinberger and me

inviting us to comment in your law review on the issues

raised in Professor Arthur Miller's article "Nuclear Weapons

and Constitutional Law." This letter is in response to both

invitations. We appreciate very much the opportunity thus

provided.

Nuclear Weapons: Unconstitutional Or Just Unjust?, Gary L. Mcdowell

Nova Law Review

Before one can reasonably assess Professor Miller's argument in

"Nuclear Weapons and Constitutional Law," a fundamental distinction

needs to be drawn. That distinction is between the Constitution and

constitutional law. For Professor Miller, there is no Constitution beyond

constitutional law; the Constitution is only what the judges say it

is - no more, no less.

In Brief Rejoinder, Arthur S. Miller

Nova Law Review

The editors of the Nova Law Journal have invited me to comment

upon the responses that were received to my preliminary foray into the

applicability of constitutional norms to nuclear weapons. I am happy to

do so

International Law As Law Of The Land: Another Constitutional Constraint On Use Of Nuclear Weapons., Martin Feinrider

Nova Law Review

Concern now focuses on the threat to humankind posed by nuclear

weapons to an extent not seen since the days of the Ban-the-Bomb

movement of the 1950s.

Lawyers Can, But Law May Be Unable To Contribute To Nuclear Weapons Debate, L. Harold Levinson

Nova Law Review

Professor Miller concludes that "law and lawyers have something

useful to contribute to the growing debate about nuclear war." I agree

that lawyers can make a useful contribution. Whether the law can

make a contribution is quite another matter, on which I have serious

doubts.