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Articles 1 - 30 of 50
Full-Text Articles in Law
Community And Fairness In Democratic Theory, Mark Tushnet
Community And Fairness In Democratic Theory, Mark Tushnet
Florida State University Law Review
This commentary responds to an article by Lea Brilmayer in this edition. Professor Tushnet challenges Professor Brilmayer's assertion regarding democratic theory that the process theory of United States v. Carolene Products is irreconcilable with the interest theory which stems from conflict of law analysis.
Response, Lea Brilmayer
Response, Lea Brilmayer
Florida State University Law Review
Professor Brilmayer responds to the commentaries of Professors Laycock, Tushnet, and George.
Asking The Right Questions, Lawrence C. George
Asking The Right Questions, Lawrence C. George
Florida State University Law Review
Professor George analyzes what he sees as Professor Brilmayer's major thesis: that neither modern choice of law nor equal protection principles provide a sound basis for jurisdictional doctrine. Concluding that she has failed to consider a possible Critical Legal Studies approach to the problems she poses, he suggests one.
Equality And The Citizens Of Sister States, Douglas Laycock
Equality And The Citizens Of Sister States, Douglas Laycock
Florida State University Law Review
Professor Laycock's commentary is written in response to Lea Brilmayer's article in this edition. Brilmayer and Laycock agree that states owe equal treatment to citizens of sister states, and that the obligation does not extend to the exercise of government power. But Laycock would derive these rules from constitutional text and structural needs of the federal union. He think that Brilmayer's broader political theory is only marginally relevant to their shared conclusion.
State V. Mid-Florida Growers, Inc., 505 So. 2d 592 (Fla. 2d Dca 1987), Jonathan Sjostrom
State V. Mid-Florida Growers, Inc., 505 So. 2d 592 (Fla. 2d Dca 1987), Jonathan Sjostrom
Florida State University Law Review
Constitutional Law-PUBLIC PERIL AND PRIVATE PROPERTY IN THE TAKINGS CLAUSE
The Effect Of The Warranty Of Habitability On Low Income Housing: "Milking" And Class Violence, Duncan Kennedy
The Effect Of The Warranty Of Habitability On Low Income Housing: "Milking" And Class Violence, Duncan Kennedy
Florida State University Law Review
Housing for the poor suffers in quantity and quality as tenement landlords "milk" still viable buildings, allowing them to deteriorate and become uninhabitable at a rate that outstrips construction of new housing. As a result, the rate at which the poor filter up into higher quality buildings slows, crowding low income tenants into fewer, more run down buildings. Professor Kennedy postulate that selective enforcement of a warranty of habitability can maximize the useful lives of tenement buildings, and, contrary to the "mainstream" view, exert downward pressure on rents while increasing the supply of low income housing.
California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers
California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers
Florida State University Law Review
Employment Law/Constitutional Law-STATE LAWS PERMITTING PREFERENTIAL TREATMENT OF PREGNANT EMPLOYEES UNDER THE PREGNANCY DISCRIMINATION ACT
The Other Insurance Crisis: Bad Faith Refusal To Pay First-Party Benefits, Michael Keith Green
The Other Insurance Crisis: Bad Faith Refusal To Pay First-Party Benefits, Michael Keith Green
Florida State University Law Review
No abstract provided.
Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer
Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer
Florida State University Law Review
Interstate cases pose most dramatically the question of the legitimacy of a state's exercise of coercive power. Professor Brilmayer analyzes two existing theories of interstate relations, rejects the notion that democratic theory requires that interstate equality need be an all-or-nothing issues, and suggests that the basis for a state' coercive power toward outsiders should be sharing the burdens and benefits of state law.
The Court Confronts The Gerrymander, Josseph C. Coates, Iii
The Court Confronts The Gerrymander, Josseph C. Coates, Iii
Florida State University Law Review
No abstract provided.
Don't Take It Personally - Limited Liability For Attorney Shareholders Under Florida's Professional Service Corporation Act, James M. Grippando
Don't Take It Personally - Limited Liability For Attorney Shareholders Under Florida's Professional Service Corporation Act, James M. Grippando
Florida State University Law Review
Multimillion dollar lawsuits and rising malpractice insurance premiums have heightened professional interest in limited liability. In this Article, James M. Grippando examines limited liability as it applies to Florida professional service corporations with attorney shareholders. Grippando provides a detailed analysis of the Florida Professional Services Corporation Act and the court decisions construing it. He concludes that the Act as written provides limited liability for professionals in general and discusses public policy considerations courts have weighed and should weigh in determining whether attorneys in particular should enjoy limited liability.
Unfreezing Legal Reality: Critical Approaches To Law, Robert W. Gordon
Unfreezing Legal Reality: Critical Approaches To Law, Robert W. Gordon
Florida State University Law Review
Critical Legal Studies continues to flourish despite persistent criticism concerning its goals and aims. In the lecture reproduced below, Professor Gordon demonstrates why such global criticism is not only harmless but irrelevant to the central message of the movement. Borrowing from the growing body of CLS scholarship, he illustrates, through example, that the most valuable contributions of CLS are essentially local in nature. But these predominantly local critiques, he explains, can be readily extended to new areas in order to destory [sic] the seemingly necessary connection the seemingly necessary connection between the way our law is and the …
Byrd V. Lohr, 488 So. 2d 138 (Fla. 5th Dca 1986), Diane Wagner Carr
Byrd V. Lohr, 488 So. 2d 138 (Fla. 5th Dca 1986), Diane Wagner Carr
Florida State University Law Review
Torts-PUNITIVE DAMAGES-THE FLORIDA SUPREME COURT IS ASKED TO DECIDE WHETHER PUNITIVE DAMAGES MAY BE AWARDED AGAINST A DECEASED TORTFEASOR'S ESTATE
The Pattern Element Of Rico Before And After Sedima: A Look At Both Federal And Florida Rico, Sandra Bower Ross
The Pattern Element Of Rico Before And After Sedima: A Look At Both Federal And Florida Rico, Sandra Bower Ross
Florida State University Law Review
No abstract provided.
Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.
Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.
Florida State University Law Review
In School Board v. Arline, the United States Supreme Court determined that people who suffer from tuberculosis can be protected from employment discrimination by the Rehabilitation Act of 1973. Arline is certain to affect people afflicted with AIDS-related disorders who suffer discrimination. In this Article, Professor Wasson examines the Arline decision and the effect it will have on AIDS-related discrimination. Also, he examines provisions of the United States Constitution, acts of Congress, state law, and municipal ordinances, all of which might provide alternative measures of protection for those who suffer AIDS-related discrimination.
Florida Style Manual: Introduction, The Editors
Florida Style Manual: Introduction, The Editors
Florida State University Law Review
No abstract provided.
Basic Citation Forms: Florida Session Laws
Basic Citation Forms: Florida Session Laws
Florida State University Law Review
No abstract provided.
Basic Citation Forms: Florida Statutes
Basic Citation Forms: Florida Statutes
Florida State University Law Review
No abstract provided.
First Union National Bank V. Florida Department Of Revenue, 502 So. 2d 964 (Fla. 1st Dca 1987), David Talbert
First Union National Bank V. Florida Department Of Revenue, 502 So. 2d 964 (Fla. 1st Dca 1987), David Talbert
Florida State University Law Review
Tax-CORPORATE FRANCHISE TAX-A TAX IN SEARCH OF AN IDENTITY
General Rules Of Style: Abbreviations
General Rules Of Style: Abbreviations
Florida State University Law Review
No abstract provided.
Basic Citation Forms: Florida Constitutional Materials
Basic Citation Forms: Florida Constitutional Materials
Florida State University Law Review
No abstract provided.
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
Florida State University Law Review
In this Article Professor Rains evaluates the recent proposals for the creation of a Social Security Court. He evaluates the existing administrative and judicial system for the review of social security claims in light of recent problems. Finally, Professors Rains suggests that many of the present difficulties with the system can be solved by reform of the Social Security Administration’s review process rather than creation of an Article I court.
Basic Citation Forms: Legislative Materials
Basic Citation Forms: Legislative Materials
Florida State University Law Review
No abstract provided.
City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton
City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton
Florida State University Law Review
Constitutional Law-DRUG TESTING OF FLORIDA'S PUBLIC EMPLOYEES: WHEN MAY A PUBLIC EMPLOYER REQUIRE URINALYSIS?
Basic Citation Forms: Executive Branch Materials
Basic Citation Forms: Executive Branch Materials
Florida State University Law Review
No abstract provided.
General Rules Of Style: Capitalization
General Rules Of Style: Capitalization
Florida State University Law Review
No abstract provided.
Florida Style Manual: Table Of Contents
Florida Style Manual: Table Of Contents
Florida State University Law Review
No abstract provided.
Avallone V. Board Of County Commissioners, 493 So. 2d 1002 (Fla. 1986)
Avallone V. Board Of County Commissioners, 493 So. 2d 1002 (Fla. 1986)
Florida State University Law Review
Torts-SOVEREIGN IMMUNITY-SUPREME COURT OF FLORIDA RULES THAT PLANNING/OPERATIONAL DICHOTOMY NOT APPLICABLE UNDER LIABILITY INSURANCE STATUTE
Basic Citation Forms: Judicial Branch Materials
Basic Citation Forms: Judicial Branch Materials
Florida State University Law Review
No abstract provided.
Basic Citation Forms: Miscellaneous References
Basic Citation Forms: Miscellaneous References
Florida State University Law Review
No abstract provided.