Law Commons^™

Commentary: Aids Testing Of Health Care Workers, State Representative Lois J. Frankel

Nova Law Review

It is very curious how some people think legislators can write laws

that give people absolute protection from certain risks or harm. Laws

which are well-considered may reduce risks and offer substantial protection

from harm; for example, laws prohibiting murder or requiring

the wearing of a seat belt.

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

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

Nova Law Review

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

you're only a turtle named Mack."

Remarks At The Nova University Forum, Alan Del'showitz

Nova Law Review

Thank you so much. It's really a pleasure to be down here in warm

climates. I have really enjoyed having met so many of you before and

look forward to meeting many of you afterwards and look forward to

the questions which I, find contentious and stimulating. I met last night

with some people from the Law School and the University and I find

this place to be a real miracle.

Protection And Custody Of Children In United States Immigration Court Proceedings, Judge J. Daniel Dowell, Judge Philip J. Montante Jr., Judge Ira Sandron, Judge Jose Simonet

Nova Law Review

The grave consequences to an individual of an order expelling him

or her from the United States has long been recognized. Deportation

has been described by the Supreme Court as a "drastic measure and at

times the equivalent of banishment or exile.

Crime And Punishment? Judges' Gavels Become The Latest Weapon In The War On Drugs, Michael E. Coviello

Nova Law Review

In 1973 President Richard Nixon declared a "world war" on

drugs.' This war has resulted in several changes in the criminal justice

system which have largely come from the executive and legislative

branches.2 These executive and legislative changes have been predominately

concerned with law enforcement and punishment.

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

Payne V. Tennessee: The Arbitrary Imposition Of The Death Penalty And A Review Of Florida Case Law Since: Booth V. Maryland, Michael P. Koller

Nova Law Review

In Booth v. Maryland,1 the United States Supreme Court decided

that evidence relating to a victim's character and the extent of harm

caused to the victim's family and community was inadmissible to deter-

mine whether a defendant convicted of a capital crime should be put to

death. The majority in Booth, while empathizing with the grief of a

victim's family, recognized the potential danger such evidence has on a

jury to sentence defendants to death based on such arbitrary factors as

what kind of person the victim was and the unforeseeable harm the

victim's death had on others.

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

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

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

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

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

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

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

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.

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.

In Re Dubreuil: Is An Individual's Right To Refuse A Blood Transfusion Contingent On Parental Status?, Jennifer L. Bamonte, Cathy Bierman

Nova Law Review

This statement, found in Article I, Section 23 of the Florida Constitution, is the result of a 1980 amendment granting an express constitutional right to privacy.

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

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

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.

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.

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!

Condominium Law: 1992 Amendments To The Florida Condominium Act, Gary A. Poliakoff

Nova Law Review

Following the enactment of the 1991 amendments to the Condominium Act, representatives of various special interest groups barraged their Legislators with complaints concerning what they felt were over-reaching changes in the law.

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.

Capital Crime Decisions: 1992 Survey Of Florida Law, Gary Caldwell

Nova Law Review

The United States Supreme Court's decision in Espinosa v. Florida, is by far the most important development in Florida capital punishment law during the survey period.

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.

Juvenile Law: 1992 Survey Of Florida Law, Michael J. Dale

Nova Law Review

"We have no defense...We are not following our own law, our own rules, our own regulations."

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.