Law Commons^™

Law And Economics: A Policy Analysis Of A Proposed Alachua County Greenbelt Plan, Jorge Guira

University of Florida Journal of Law & Public Policy

This essay outlines the various attributes of law and economics jurisprudence and applies these tenets to a proposed Alachua County greenbelt plan. The essay’s first section discusses the assumptions and main themes of the law and economics school of thought. This section develops the theorical underpinnings that economists use to analyze legal issues. The second section analyzes the policy implications of the law and economics approach and its application to an Alachua County Greenbelt Proposal. The paper concludes with a brief summary of the essay’s primary findings.

Family Law: The Ancient Doctrine Of Necessaries And A Wife's Avoidance Of Her Husband's Debts, Gary W. Powell

University of Florida Journal of Law & Public Policy

No abstract provided.

Editor's Dedication, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.

The Economics Of Linkage Fees, Forrest Huffman, Marc T. Smith

University of Florida Journal of Law & Public Policy

This commentary takes a brief look at some of the major issues confronting the use of linkage fees. The first section addresses the legal issue of whether there is a “rational nexus” between commercial development and a reduction in the supply of affordable housing. The next section discusses two related topics: (1) what market factors made linkage programs in some area of the country successful; and (2) whether linkage programs are viable in depressed office markets. This section also outlines the market effects of linkage fees. Developers may respond to linkage fees in a number of ways that adversely affect …

A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

Many counties in Florida are currently in the process of developing new wetlands protection ordinances, or revising old ones. While public policy supports strict regulation of activities in wetlands, many counties are reluctant to adopt restrictive ordinances because of the potential for large damage awards if the regulations are later found to be temporary takings. Recent Supreme Court case law has upheld the payment of compensation as an appropriate remedy for overly restrictive land use regulations compounding the fears of local governments. This paper summarizes the legal implications of a Model Wetlands Protection Ordinance developed by the author. In particular, …

Impact Fees, Housing Costs, And Housing Affordability: Who Bears The Impact Of Impact Fees?, Charles J. Delaney

University of Florida Journal of Law & Public Policy

This paper addresses the theoretical relationship between impact fees and housing affordability for moderate and middle income groups. The paper begins with an overview of the results of various impact fee studies. Included in this section are discussions of the short and long term effects of impact fees and who bears the incidence of impact fees. The paper then presents a model that demonstrates the effects of impact fees on housing costs using data from two Florida cities. The paper concludes that market supply and demand for housing determine which parties—builders, buyers or landowners—bear the burden of impact fee. This …

The Supreme Court's 1987 "Takings" Triad: An Old Hat In A New Box Or A Revolution In Takings Law?, Michael Simon

University of Florida Journal of Law & Public Policy

This paper presents an overview of the Supreme Court’s 1987 takings cases and their impact on land use regulation. The paper begins with an overview of the development of takings jurisprudence focusing on the two contrasting approaches the Supreme Court developed early in this century. Next, the paper discusses the Court’s recent takings cases through the 1986-87 term. The paper then presents an overview of the Court’s 1987 decisions. Finally, this section discusses the impact these cases will have on land use regulation.

Municipal Immunity From Antitrust Liability: Recognition Of A Broad Welfare Exemption, Matt Farmer, Kathy Gaertner

University of Florida Journal of Law & Public Policy

No abstract provided.

Public Welfare: Florida Counties Have No Duty To Provide Indigents With Post-Emergency Medical Care, Kendall Almerico

University of Florida Journal of Law & Public Policy

No abstract provided.

The Elwood Case: Vindicating The Educational Rights Of The Disabled, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

The guarantees of the Charter of Rights affect the definition of education for the disabled. The case of Elwood v. Halifax County - Bedford District School Board, a landmark case in educational rights of disabled children in Canada, has major implications for educational practice.

One of the earliest and most controversial Charter of Rights challenges to the existing educational structure has come from parents of disabled children. Disabled children and their parents are blazing a trail to define educational rights in Canada, and the process is giving some shape to the the elusive concept of equality enshrined in the …

The Conservation Movement In A Corporate Age, Charles F. Wilkinson

Publications

No abstract provided.

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.

Legal Evolution And Legislation, Alan Watson

Scholarly Works

For several years I have been working on two relationships: the relationship between legal rules and the society in which they operate, and the relationship between sources of law and the way law evolves. Some critics have suggested that in discussing the evolution of law, I have understated the revolutionary force of legislation and statutory law. This issue will be the focus of this article.

Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii

St. Mary's Law Journal

Abstract Forthcoming.

The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben

St. Mary's Law Journal

Abstract Forthcoming.

Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary

St. Mary's Law Journal

Abstract Forthcoming.

Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf

St. Mary's Law Journal

Abstract Forthcoming.

Causation In Torts, Crimes, And Moral Philosophy: A Reply To Professor Thomson, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Professor Judith Jarvis Thomson's provocative article, 'The Decline of Cause,' focuses on the diminishing importance of causation in law and moral philosophy. In this reply, I suggest answers to some of the questions Professor Thomson raises.

Professor Thomson's article revolves around various forms of a classic dilemma: two persons take equal care but, through chance, their actions produce different results. Does the outcome of their actions matter in a moral assessment of those actions? Professor Thomson first sets out what the styles as the Kantian and 'moral sophisticates" position that the outcome of an act does not and should not …

Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

No abstract provided.

Book Review, Igor I. Kavass

Vanderbilt Journal of Transnational Law

The Documentation Office for East European Law at the University of Leyden in the Netherlands is one of the most prominent and active research institutions in the West dedicated to the study of the laws and legal systems of socialist countries. Established in 1953 for the purpose of gathering and interpreting information about legal developments in the socialist countries, the Documentation Office is reputed to have now one of the most comprehensive collections of rare and generally inaccessible documents in its area of specialization. This collection attracts researchers from around the world. The staff of the Documentation Office is widely …

Women's Banks And Women's Access To Credit: Competition Between Marketplace And Regulatory Solutions To Gender Discrimination, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

During the 1970's, as more women entered the work force as managers, laborers and entrepreneurs, women's credit and financing needs intensified. Yet banks and other financial institutions persisted in discriminating against women in extending credit. This discrimination reflected a view that women were bad credit risks because they generally had no independent source or control of income. Without access to credit, women could not develop independent sources of income, build an asset base or develop their own credit histories. This in turn precluded future extensions of credit to women. Denial of access to credit for women was a cause as …

Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.

In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, …

Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs

Articles

No abstract provided.

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

Articles

No abstract provided.

On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Critical legal scholarship challenges the liberal claim that modern western societies are characterized by "the rule of law." The liberal conception of the rule of law, critical scholars contend, serves to mystify and legitimate the legal system and thereby obscure the real issues behind individual cases as well as the real nature of the legal system. Frequently, the claim that legal rules are indeterminate is the starting point for such a critique of the rule of law. What I call the indeterminacy thesis goes roughly like this: the existing body of legal doctrines-statutes, administrative regulations, and court decisions-permits a judge …

Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins

Michigan Law Review

The first section of this paper surveys some recent writings on the topic of dangerousness for major inconsistencies, which we regard as illuminating the special problem of dangerousness in the jurisprudence of criminal sentencing.

The second section describes the "special problem of dangerousness," for, we believe, the first time. The special problem is the fear that any admission of calculations of dangerousness into sentencing decisions will lead to an overuse of dangerousness, which may be worse than the inefficiencies and hypocrisies we confront when denying that future dangerousness is relevant to decisions about prisons.

The third section attempts to reorganize …

Normative And Interpretive Conceptions Of Human Conduct: Decision-Making, Criminal Justice, And Parole , David R. Novack

Washington and Lee Law Review

No abstract provided.

On Legal Decision-Making, Keith Hawkins

Washington and Lee Law Review

No abstract provided.

Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.

Washington and Lee Law Review

No abstract provided.

The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning

Washington and Lee Law Review

No abstract provided.