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2000

Florida State University College of Law

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Articles 1 - 30 of 67

Full-Text Articles in Law

Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson Oct 2000

Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson

Scholarly Publications

No abstract provided.


After Drye: The Likely Attachment Of The Federal Tax Lien To Tenancy-By-The-Entireties, Steve R. Johnson Oct 2000

After Drye: The Likely Attachment Of The Federal Tax Lien To Tenancy-By-The-Entireties, Steve R. Johnson

Scholarly Publications

On December 7, 1999, the United States Supreme Court unanimously decided Drye v. United States, a case likely to be a landmark in federal tax lien law. Drye clarified what had been muddied by previous Supreme Court and lower court decisions: the proper relation between state law and federal law in tax lien attachment cases. That clarification will permit-indeed, compel-greater analytical precision as future courts address tax lien cases. This Article discusses one such line of cases.

It has long been the rule that the federal tax lien does not attach to tenancy-by-the entireties interests when (1) only one of …


The Reformed Welfare State As The Radical Humanist Republic: An Enthusiasticc (If Qualified) Endorsement Of Matthew Adler's Beyond Efficiency And Procedure, Rob Atkinson Oct 2000

The Reformed Welfare State As The Radical Humanist Republic: An Enthusiasticc (If Qualified) Endorsement Of Matthew Adler's Beyond Efficiency And Procedure, Rob Atkinson

Scholarly Publications

No abstract provided.


Fsu Law Magazine (Fall 2000), Florida State University College Of Law Office Of Advancement And Alumni Affairs Oct 2000

Fsu Law Magazine (Fall 2000), Florida State University College Of Law Office Of Advancement And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.


A Residual Damages Right Against The Irs: A Cure Worse Than The Disease, Steve R. Johnson Jul 2000

A Residual Damages Right Against The Irs: A Cure Worse Than The Disease, Steve R. Johnson

Scholarly Publications

Tax scholarship commonly has emphasized the substantive rules of tax liability, according less than due attention to tax procedure. Recently, however, this imbalance has been partly redressed as a result of the taxpayer rights movement. The major legislative products of the movement have been the Taxpayer Bill of Rights (TBORl) in 1988, the Taxpayer Bill of Rights 2 (TBOR2) in 1996,and the Taxpayer Bill of Rights (TBOR3) in 1998. Congress currently is considering a fourth installment in the series. These measures – especially TBOR3 – have provoked considerable useful commentary from both practitioners and academics.

Nonetheless, much work remains to …


Opining On Death: Witness Sentence Recommendations In Capital Trials, Wayne A. Logan May 2000

Opining On Death: Witness Sentence Recommendations In Capital Trials, Wayne A. Logan

Scholarly Publications

Despite the Supreme Court's command that capital prosecutions be free of undue arbitrary and capricious influences, the trials themselves are becoming increasingly emotional and personalized. This Article addresses a key outgrowth of this evolution: the increasingly common practice of witnesses opining on whether a defendant should be put to death, despite the Court's apparent prohibition of such testimony. The Article addresses why this practice is likely to continue, and advances several reasons why the Supreme Court should impose an unequivocal bar on sentence opinion, testimony in capital trials.

Fish not, with this melancholy bait,
For this fool gudgeon, this opinion. …


Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch, Jr. Apr 2000

Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch, Jr.

Florida State University Law Review

No abstract provided.


A Bold Step: What Florida Should Do Concerning The Health Of Its Rural Communities, Licensure, And Telemedicine, Talley L. Kaleko Apr 2000

A Bold Step: What Florida Should Do Concerning The Health Of Its Rural Communities, Licensure, And Telemedicine, Talley L. Kaleko

Florida State University Law Review

No abstract provided.


How Federal Circuit Judges Vote In Patent Validity Cases, John R. Allison, Mark A. Lemley Apr 2000

How Federal Circuit Judges Vote In Patent Validity Cases, John R. Allison, Mark A. Lemley

Florida State University Law Review

No abstract provided.


The Illusion Of Simplicity: An Explanation Of Why The Law Can't Just Be Less Complex, R. George Wright Apr 2000

The Illusion Of Simplicity: An Explanation Of Why The Law Can't Just Be Less Complex, R. George Wright

Florida State University Law Review

No abstract provided.


Father Knows Best: Revised Article 8 And The Individual Investor, Francis J. Facciolo Apr 2000

Father Knows Best: Revised Article 8 And The Individual Investor, Francis J. Facciolo

Florida State University Law Review

No abstract provided.


Synthetic Leases: Structured Finance, Financial Accounting And Tax Ownership, Donald J. Weidner Apr 2000

Synthetic Leases: Structured Finance, Financial Accounting And Tax Ownership, Donald J. Weidner

Scholarly Publications

No abstract provided.


Fsu Law Magazine (Spring 2000), Florida State University College Of Law Office Of Advancement And Alumni Affairs Apr 2000

Fsu Law Magazine (Spring 2000), Florida State University College Of Law Office Of Advancement And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.


1999 Amendments To The Florida Administrative Procedure Act: Phantom Menace Or Much Ado About Nothing?, David M. Greenbaum, Lawrence E. Sellers, Jr. Jan 2000

1999 Amendments To The Florida Administrative Procedure Act: Phantom Menace Or Much Ado About Nothing?, David M. Greenbaum, Lawrence E. Sellers, Jr.

Florida State University Law Review

No abstract provided.


Ethical And Statutory Limitations On Athlete Agent Income: Fees, Referrals, And Ownership Interests, Diane Sudia, Rob Remis Jan 2000

Ethical And Statutory Limitations On Athlete Agent Income: Fees, Referrals, And Ownership Interests, Diane Sudia, Rob Remis

Florida State University Law Review

No abstract provided.


The Contracting State, Jody Freeman Jan 2000

The Contracting State, Jody Freeman

Florida State University Law Review

No abstract provided.


Regulatory Incrementalism And Moral Choices: A Comment On Adlerian Welfarism, Daniel B. Rodriguez Jan 2000

Regulatory Incrementalism And Moral Choices: A Comment On Adlerian Welfarism, Daniel B. Rodriguez

Florida State University Law Review

No abstract provided.


Florida's Tort Reform Act: Keeping The Faith With The Promise Of Hoffman V. Jones, George N. Meros, Jr., Chanta Hundley Jan 2000

Florida's Tort Reform Act: Keeping The Faith With The Promise Of Hoffman V. Jones, George N. Meros, Jr., Chanta Hundley

Florida State University Law Review

No abstract provided.


An Apology For Administrative Law In The Contracting State, Mark Seidenfeld Jan 2000

An Apology For Administrative Law In The Contracting State, Mark Seidenfeld

Florida State University Law Review

No abstract provided.


A Table Of Requirements For Administrative Rulemaking, Mark Seidenfeld Jan 2000

A Table Of Requirements For Administrative Rulemaking, Mark Seidenfeld

Scholarly Publications

No abstract provided.


Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore Jan 2000

Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore

Florida State University Law Review

No abstract provided.


Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch Jr. Jan 2000

Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch Jr.

Florida State University Law Review

No abstract provided.


Interest Groups And Public Interested Regulation, Elizabeth Garrett Jan 2000

Interest Groups And Public Interested Regulation, Elizabeth Garrett

Florida State University Law Review

No abstract provided.


The Government Litigant Advantage: Implications For The Law, Linda R. Cohen, Matthew L. Spitzer Jan 2000

The Government Litigant Advantage: Implications For The Law, Linda R. Cohen, Matthew L. Spitzer

Florida State University Law Review

No abstract provided.


The Role Of Deterrence-Based Enforcement In A "Reinvented" State/Federal Relationship: The Divide Between Theory And Reality, David L. Markell Jan 2000

The Role Of Deterrence-Based Enforcement In A "Reinvented" State/Federal Relationship: The Divide Between Theory And Reality, David L. Markell

Scholarly Publications

No abstract provided.


Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson Jan 2000

Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson

Scholarly Publications

The taxpayer rights movement has been a driving force of tax legislation and administration for over a decade. It has produced the Taxpayer Bill of Rights (TBOR) in 1988, the Taxpayer Bill of Rights 2 (TBOR2) in 1996, the Taxpayer Bill of Rights 3 (TBOR3) in 1998, lesser statutory initiatives, and an array of important administrative changes by the Service. While the future of the movement can be debated, it is clear that, for now, it remains a force to be reckoned with in tax policy.

This article advances a proposal to extend and complete one thrust of the taxpayer …


The Challenge Of Teaching Administrative Law, Mark Seidenfeld Jan 2000

The Challenge Of Teaching Administrative Law, Mark Seidenfeld

Scholarly Publications

No abstract provided.


A Study In "Actuarial Justice": Sex Offender Classification Practice And Procedure, Wayne A. Logan Jan 2000

A Study In "Actuarial Justice": Sex Offender Classification Practice And Procedure, Wayne A. Logan

Scholarly Publications

No abstract provided.


The Everglades In Jeopardy: A Drama Of Water Management And Endangered Species, Keith W. Rizzardi Jan 2000

The Everglades In Jeopardy: A Drama Of Water Management And Endangered Species, Keith W. Rizzardi

Florida State University Law Review

No abstract provided.


A Table Of Requirements For Federal Administrative Rulemaking, Mark Seidenfeld Jan 2000

A Table Of Requirements For Federal Administrative Rulemaking, Mark Seidenfeld

Florida State University Law Review

No abstract provided.