Veterinary Medical Board,
2018
University of San Diego
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board,
2018
University of San Diego
Contractors’ State License Board, Mayra Castro, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy,
2018
University of San Diego
California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
State Bar Of California,
2018
University of San Diego
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2018
University of San Diego
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission,
2018
University of San Diego
Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2018
University of San Diego
Department Of Insurance, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2018
University of San Diego
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
From Lucas To Palazzolo: A Case Study Of Title Limitations,
2018
Florida State University College of Law
From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams
Florida State University Journal of Land Use and Environmental Law
This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take ...
Judicial Activism In Enforcement Of Florida's Net Ban,
2018
Florida State University College of Law
Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern
Florida State University Journal of Land Use and Environmental Law
In this Article, the author examines county court decisions and jury nullification regarding the 1994 amendment to the Florida Constitution known as the "net ban" in the Florida Panhandle. The Article considers the events leading to the 1994 amendment passed by citizen initiative petition that limits marine net fishing. The Article provides glimpses into the social, economic, and political elements of the fishing communities affected by the net ban. The article provides examples of suspect decisions issued by Panhandle county courts, and examines the factors possibly motivating these decisions. Application of a framework for analyzing judicial decisions demonstrates that the ...
Improvements Under Florida's Butler Act: Can We Have A Definition Please?,
2018
Florida State University College of Law
Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern
Florida State University Journal of Land Use and Environmental Law
In this Comment, the author explores the ambiguity that is Florida's Butler Act and argues that direction is needed, either from the Florida Supreme Court or the Florida Legislature. The discussion begins with the roots of the Butler Act, the Riparian Rights Act of 1856, the analysis of which blends seamlessly with that of the public trust doctrine. Turning to the most significant ambiguity in the Butler Act, the author surveys the cases construing the meaning of "improvements" as used in the Act and contrasts each of them against the others. Most notably, the author examines the effect the ...
Coastal Protection Of Sea Turtles In Florida,
2018
Florida State University College of Law
Coastal Protection Of Sea Turtles In Florida, Katherine R. Butler
Florida State University Journal of Land Use and Environmental Law
This Comment concentrates on the coastal threats to sea turtle survival in Florida and the laws the state has enacted to protect sea turtles against the detrimental effects of human coastal activities, including operating vehicles on the beaches, artificial beachfront lighting, and interference in nesting behavior associated with coastal construction and erosion control projects. After providing background information on sea turtle behavior and describing the dangers sea turtles face in Florida, this Comment examines federal and state laws designed to protect sea turtles. The author then analyzes the success of these laws and additional efforts to protect Florida's sea ...
Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard,
2018
Florida State University College of Law
Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson
Florida State University Journal of Land Use and Environmental Law
In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators ...
Private Property Rights In Florida: Is Legislation The Best Alternative?,
2018
Florida State University College of Law
Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts
Florida State University Journal of Land Use and Environmental Law
This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address ...
The Politics Of Municipal Incorporation In South Florida,
2018
Florida State University College of Law
The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher
Florida State University Journal of Land Use and Environmental Law
In the past few years, more affluent unincorporated communities have chosen incorporation, particularly in South Florida. This Article addresses the recent incorporation phenomenon in Florida, examining the causes and effects of the movement. The first part of the Article provides background on the structure of Florida's local government system. Additionally, the Article discusses the advantages of incorporation to Florida's communities, explaining the impetus for this new trend. Next, the Article explores the revenue tax base erosion resulting from these recent incorporations and discusses other problems caused by the incorporation wave. Lastly, the Article presents potential options to assuage ...
The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?,
2018
Florida State University College of Law
The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead,
2018
Florida State University College of Law
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels,
2018
Florida State University College of Law
Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993,
2018
Florida State University College of Law
Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993, Bruce Wiener, David Dagon
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)),
2018
Florida State University College of Law
Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
