Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 41

Full-Text Articles in Law

Of Forfeiture, Facilitation And Foreign Innocent Owners: Is A Bank Account Containing Parallel Market Funds Fair Game?, Alan S. Fine Jan 1992

Of Forfeiture, Facilitation And Foreign Innocent Owners: Is A Bank Account Containing Parallel Market Funds Fair Game?, Alan S. Fine

Nova Law Review

Based on sworn testimony that 680 bank accounts in the United

States containing nearly $400 million' were the "operating accounts"

of the Medellin cartel, U.S. District Judge William C. O'Kelley issued

an order temporarily restraining them on April 16, 1990.


American Popular Culture's View Of The Soviet Militia: The End Of The Police State?, Sharon F. Carton Jan 1992

American Popular Culture's View Of The Soviet Militia: The End Of The Police State?, Sharon F. Carton

Nova Law Review

The now-defunct Soviet Union and the term "police state" have

been synonymous for many years, at least from the Stalinist era until,

possibly, the Gorbachev era.


The Public Policy Exception: The Need To Reform Florida's At-Will Employment Doctrine After Jarvinen V. Hca Allied Clinical Laboratories Andbellamy V. Holcomb, Stephen G. De Nigris Jan 1992

The Public Policy Exception: The Need To Reform Florida's At-Will Employment Doctrine After Jarvinen V. Hca Allied Clinical Laboratories Andbellamy V. Holcomb, Stephen G. De Nigris

Nova Law Review

"Silence," the King of the Turtles barked back, "I'm king, and

you're only a turtle named Mack."


Judicial Review And Legislative Deference: The Political Process Of Antonin Scalia, David Schultz Jan 1992

Judicial Review And Legislative Deference: The Political Process Of Antonin Scalia, David Schultz

Nova Law Review

Since Antonin Scalia's appointment to the federal court of appeals

in 1982, and his subsequent ascension to the Supreme Court in 1986,

there 'has been a surprising number of legal scholars and members of

the media attempting to ascertain his impact on constitutional doctrine

and the Supreme Court


Enactment Of The Florida Death Penalty Statute, 1972: History And Analysis, Malcolm Stewart Jan 1992

Enactment Of The Florida Death Penalty Statute, 1972: History And Analysis, Malcolm Stewart

Nova Law Review

On June 29, 1972, the United States Supreme Court issued its

landmark decision in Furman v. Georgia,1 vacating the death sentences

imposed upon capital defendants in Georgia and Texas.


Harmelin V. Michigan: Effective Application Of Anti-Drug Legislation Or Cruel And Unusual Punishment?, Louise S. Mcalpin Jan 1992

Harmelin V. Michigan: Effective Application Of Anti-Drug Legislation Or Cruel And Unusual Punishment?, Louise S. Mcalpin

Nova Law Review

The traditional American concept of criminal sentencing is that

prisons exist for rehabilitation and release as much as for incarceration.

1 However, in recent years Congress and state legislatures have

enacted a series of stringent anti-drug laws, which have largely abandoned

the concept of rehabilitating prisoners2 and instead, focused on

keeping inmates locked up for longer periods of time.'


Cumulative Subject-Title Index To Volumes One Through Sixteen Jan 1992

Cumulative Subject-Title Index To Volumes One Through Sixteen

Nova Law Review

No abstract provided.


Sanctions And The Inherent Power: The Supreme Court Expands The American Rule's Bad Faith Exception For Fee Shifting-Chambers V. Nasco, Inc., Alexander B. Rotbart Jan 1992

Sanctions And The Inherent Power: The Supreme Court Expands The American Rule's Bad Faith Exception For Fee Shifting-Chambers V. Nasco, Inc., Alexander B. Rotbart

Nova Law Review

Confronted with the growing problem of crowded dockets, federal

courts have enacted and imposed a variety of rules and sanctions

designed to discourage abuse of the judicial process


Hernandez V. New York: Applying Batson To Peremptory Strikes Of Bilinguals-Should Language Ability Be A Surrogate For Race?, Ronnie R. Savar Jan 1992

Hernandez V. New York: Applying Batson To Peremptory Strikes Of Bilinguals-Should Language Ability Be A Surrogate For Race?, Ronnie R. Savar

Nova Law Review

Justice White's prophetic statement in Batson v. Kentucky' that

"[m]uch litigation will be required to spell out the contours of the

Court's equal protection holding today ... ." has been realized.


Nova Law Review Full Issue Jan 1992

Nova Law Review Full Issue

Nova Law Review

No abstract provided.


The Status Of Erisa Plan Benefits In Bankruptcy After Patterson V. Shumate, Honorable Sidney M. Weaver, Robin J. Baikovitz Jan 1992

The Status Of Erisa Plan Benefits In Bankruptcy After Patterson V. Shumate, Honorable Sidney M. Weaver, Robin J. Baikovitz

Nova Law Review

The United States Supreme Court recently handed down a decision that puts to rest a conflict among courts around the country.


Achieving Consistent Disposition Of Frozen Embryos In Marital Dissolution Under Florida Law, Brenda L. Henderson Jan 1992

Achieving Consistent Disposition Of Frozen Embryos In Marital Dissolution Under Florida Law, Brenda L. Henderson

Nova Law Review

Medical technology has now added a new dimension to human reproduction through in vitro fertilization aided by cryopreservation.


Making The Press Talk After Miami Herald Publishing Co. V. Morejon: How Much Of A Threat To The First Amendment?, Paul H. Gates Jr. Jan 1992

Making The Press Talk After Miami Herald Publishing Co. V. Morejon: How Much Of A Threat To The First Amendment?, Paul H. Gates Jr.

Nova Law Review

Florida media lawyers and journalists are raising First Amendment alarms about what they see as a softening of issues that had been regarded in the state as settled law.


Cruise Ship Medical Malpractice Cases: Must Admiralty Courts Steer By The Star Of Stare Decisis?, Beth-Ann Erlic Herschaft Jan 1992

Cruise Ship Medical Malpractice Cases: Must Admiralty Courts Steer By The Star Of Stare Decisis?, Beth-Ann Erlic Herschaft

Nova Law Review

Everyone from honeymooners to golden agers is lured by promises of a dream vacation aboard a luxury cruise ship.


Messmer V. Teacher's Insurance Company: Turning Florida Law On Its Head, Stephanie A. Yelenosky Jan 1992

Messmer V. Teacher's Insurance Company: Turning Florida Law On Its Head, Stephanie A. Yelenosky

Nova Law Review

In our society, damages are often caused by the activities of multiple actors.


Criminal Law: 1992 Survey Of Florida Law, Hugh L. Koerner Jan 1992

Criminal Law: 1992 Survey Of Florida Law, Hugh L. Koerner

Nova Law Review

One decade ago, the Florida Legislature created the Sentencing Commission, and charged it with the responsibility for developing a statewide system of sentencing guidelines.


The Doctrine Of Merger With Respect To Real Estate Transactions: Taking The Bull By The Horns, Edwin M. Ginsburg Jan 1992

The Doctrine Of Merger With Respect To Real Estate Transactions: Taking The Bull By The Horns, Edwin M. Ginsburg

Nova Law Review

As I remembered it from law school (Property I, fall semester,

1961), once you closed, that was it! If a purchaser later on discovered a

problem for which his seller would unquestionably be responsible under

the contract of purchase and sale, forget it!


Foreword, David B. Earle Jan 1992

Foreword, David B. Earle

Nova Law Review

No abstract provided.


Child Custody Disputes And The Beyond The Bes Interests Paradigm: A Contemporary Assessment Of The Goldstein/Freud/Solnit Position And The Group's Painter V. Bannister Jurisprudence, John Batt Jan 1992

Child Custody Disputes And The Beyond The Bes Interests Paradigm: A Contemporary Assessment Of The Goldstein/Freud/Solnit Position And The Group's Painter V. Bannister Jurisprudence, John Batt

Nova Law Review

No abstract provided.


Access To "Private" Documents Under The Public Records Act, Robert Rivas Jan 1992

Access To "Private" Documents Under The Public Records Act, Robert Rivas

Nova Law Review

Richard Roe described himself to his interviewers. "Square,

loner-not with crowd."' If he could live his life over, he would "eat

less fast, be instantly likeable and charming, [and] lose 20 pounds."


Recent Florida Capital Decisions, Gary Caldwell Jan 1992

Recent Florida Capital Decisions, Gary Caldwell

Nova Law Review

The death penalty applies to two offenses under Florida law; first

degree murder' and capital drug trafficking.2 Although Florida law also

defines sexual battery of a minor as a capital offense, the Florida Supreme

Court has ruled that the death penalty does not apply to that

offense.


Nova Law Review Full Issue Jan 1992

Nova Law Review Full Issue

Nova Law Review

No abstract provided.


Keynote Address At The Introductory Ceremony Of The 1995 Nova Law Class Orientation Program, Patricia A. Seitz Jan 1992

Keynote Address At The Introductory Ceremony Of The 1995 Nova Law Class Orientation Program, Patricia A. Seitz

Nova Law Review

In ancient Greece, there was a king of Cornith, named Sisyphus. Sisyphus offended the God Zeus mightily.


Civil Procedure: 1992 Survey Of Florida Law, William Vandercreek Jan 1992

Civil Procedure: 1992 Survey Of Florida Law, William Vandercreek

Nova Law Review

Florida Civil Procedure continues to change and develop, adapting to the demands of an increasingly dynamic environment.


Construction Law: 1991/1992 Survey Of Florida Law, Larry R. Leiby Jan 1992

Construction Law: 1991/1992 Survey Of Florida Law, Larry R. Leiby

Nova Law Review

There were several appellate decisions concerning construction law from mid - 1991 through mid 1992.


Real Property: 1992 Survey Of Florida Law, Ronald Benton Brown Jan 1992

Real Property: 1992 Survey Of Florida Law, Ronald Benton Brown

Nova Law Review

This survey examines cases of the Florida Supreme Court which should be of particular interest to the real estate lawyer or real estate professional.


The Anencephalic Baby Theresa: A Prognosticator Of Future Bioethics, Julie Koenig Jan 1992

The Anencephalic Baby Theresa: A Prognosticator Of Future Bioethics, Julie Koenig

Nova Law Review

In re T.A.C.P. is a case of first impression for any jurisdiction in the United States.


Hate Crimes, Hate Speech And Free Speech - Florida's Bias - Intended Crime Statute, Eric David Rosenberg Jan 1992

Hate Crimes, Hate Speech And Free Speech - Florida's Bias - Intended Crime Statute, Eric David Rosenberg

Nova Law Review

Incidents of violence, property damage or intimidation based on hate and prejudice occur each day in Florida, and are part of a nationwide problem in hate - related or bias - intended crimes,


Evidence: 1992 Survey Of Florida Law, Dale Alan Bruschi Jan 1992

Evidence: 1992 Survey Of Florida Law, Dale Alan Bruschi

Nova Law Review

This year's survey of Florida evidence has once again followed the same predictable patterns as seen in previous survey years.


Nova Law Review 16, 2 Jan 1992

Nova Law Review 16, 2

Nova Law Review

No abstract provided.