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Articles 1 - 25 of 25
Full-Text Articles in Law
Foreword: The 1988 Legislative Session, Tom Gustafson
Foreword: The 1988 Legislative Session, Tom Gustafson
Florida State University Law Review
No abstract provided.
Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter
Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter
Florida State University Law Review
Pursuant to a Concurrent Resolution of the 1988 Florida Legislature, the Supreme Court of Florida created a commission which is presently studying the use of depositions by the defense in criminal prosecutions. In this Article, Dean Yetter, a member of the commission, traces the history of criminal defense depositions in Florida, explores the arguments which shaped last session's legislative debate, and identifies available options for reform.
The Fragility Of Good Ideas: A Case For Abolishing Sunset Review Of Florida's Motor Vehicle Manufacturing Licensing Statute, Barbara Balzer
The Fragility Of Good Ideas: A Case For Abolishing Sunset Review Of Florida's Motor Vehicle Manufacturing Licensing Statute, Barbara Balzer
Florida State University Law Review
"How did I get here? Somebody pushed me. Somebody must have set me off in this direction and clusters of other hands must have touched themselves to the controls at various times, for I would not have picked this way for the world."1
New Regulations For Motor Vehicle Manufacturers And New Protections For Their Franchisees, Mary E. Haskins, Walter E. Forehand
New Regulations For Motor Vehicle Manufacturers And New Protections For Their Franchisees, Mary E. Haskins, Walter E. Forehand
Florida State University Law Review
Sections 320.60 and 320.70, Florida Statutes, regulate the business relationships between motor vehicle manufacturers and their dealers. In this Article, the authors discuss the 1988 Florida Legislature's reenactment and comprehensive revision of the franchise protection scheme. While some scholars have advocated discontinuing the statutory regulation of motor vehicle manufacturers and their franchisees, Ms. Haskins and Dr. Forehand take a contrary position: that extension of the regulatory scheme will provide franchisees with more protections from unfair business practices than otherwise would be available, and may have the salutary effect of injecting a degree of certainty into an area which has heretofore …
Motor Vehicle Insurance Reform: Revisiting The Uninsured Driver, Robert A. Henderson, Patrick F. Maroney
Motor Vehicle Insurance Reform: Revisiting The Uninsured Driver, Robert A. Henderson, Patrick F. Maroney
Florida State University Law Review
The Florida Legislature in 1988 addressed problems regarding uninsured motorists by passing the Motor Vehicle Insurance Reform Act of 1988. In this Article, the authors analyze the problems and the Legislature's latest attempt to solve them. The authors detail the specific mechanisms designed to eliminate financially irresponsible motorists in Florida, and explain the various policy considerations behind the enactments.
The Victims' Rights Act Of 1988, The Florida Constitution, And The New Struggle For Victims' Rights, Patrick B. Calcutti
The Victims' Rights Act Of 1988, The Florida Constitution, And The New Struggle For Victims' Rights, Patrick B. Calcutti
Florida State University Law Review
No abstract provided.
Florida's Uniform Trade Secrets Act, Susan C. Miller
Florida's Uniform Trade Secrets Act, Susan C. Miller
Florida State University Law Review
No abstract provided.
The 1988 Solid Waste Management Act -- Facing Up To The "Garbage" Component Of Florida's Burgeoning Growth, William D. Preston, Thomas M. Derose
The 1988 Solid Waste Management Act -- Facing Up To The "Garbage" Component Of Florida's Burgeoning Growth, William D. Preston, Thomas M. Derose
Florida State University Law Review
Due in part to the high rate of population growth in Florida and the increasing rates of solid waste generation by Floridians, the problem of solid waste management has generated serious statewide concern. In an effort to address this critical environmental issue, the Florida Legislature during the 1988 Regular Session passed the Solid Waste Management Act. In this Article, Mr. Preston and Mr. DeRose outline the development of this significant new legislation, summarize its main provisions, and highlight the Act's funding sources as well as the new regulatory and rulemaking activities that will be undertaken to implement the Act.
Another Case For The Removal Of Florida's Motor Vehicle Manufacturer-Dealer Franchise Trade Regulation From Periodic Sunset Review -- A Comment On Balzer, William Owen
Florida State University Law Review
No abstract provided.
Tightening The Defense Against Offensive Sports Agents, Charles W. Ehrhardt, J. Mark Rodgers
Tightening The Defense Against Offensive Sports Agents, Charles W. Ehrhardt, J. Mark Rodgers
Florida State University Law Review
No abstract provided.
No Liability For The Wrongful Death Of Unborn Children -- The Florida Legislature Refuses To Protect The Unborn, T. A. Borowski, Jr.
No Liability For The Wrongful Death Of Unborn Children -- The Florida Legislature Refuses To Protect The Unborn, T. A. Borowski, Jr.
Florida State University Law Review
No abstract provided.
Florida's Omnibus Aids Act Of 1988, Robert Craig Waters
Florida's Omnibus Aids Act Of 1988, Robert Craig Waters
Florida State University Law Review
In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law. In this Article, the author examines each of these areas, suggests the most likely interpretation the courts will accord the new provisions, and makes recommendations to correct oversights and inconsistencies in existing laws.
Medical Malpractice: A New Treatment For An Old Illness, Thomas R. Tedcastle, Marvin A. Dewar
Medical Malpractice: A New Treatment For An Old Illness, Thomas R. Tedcastle, Marvin A. Dewar
Florida State University Law Review
The rising cost of medical malpractice insurance has been one of the most difficult issues faced by the Florida Legislature for many years. In an effort to reach a comprehensive solution to this recurring problems, the 1986 Legislature created the Academic Task Force for the Review of the Insurance and Tort Systems, and directed it to conduct a thorough review of Florida's tort system. In 1988, the Legislature implemented several of the recommendations of the Task Force. In this Article, the authors explore the factual findings and the recommendations of the Task Force and analyze the effects that the 1988 …
Florida Takeover Law: Control-Share Acquisitions, Robert C. Rasmussen, Jeffrey M. Fuller
Florida Takeover Law: Control-Share Acquisitions, Robert C. Rasmussen, Jeffrey M. Fuller
Florida State University Law Review
Under Florida's new control-share acquisition law, a shareholder's right to vote will be determined in certain circumstances by a vote of the other shareholders. Merrs. [sic] Rasmussen and Fuller contend that the commerce clause precludes the law's interference with interstate commerce, that the law might be preempted by the Williams Act, and that the law's validity is questionable on other constitutional grounds. The authors also suggest answers to the may questions they raise regarding ambiguities in the law, and offer advice for both potential targets and stock acquirers on how to comply with the law.
Development Exactions, Richard F. Babcock
Development Exactions, Richard F. Babcock
Florida State University Law Review
Edited by James E. Frank and Robert M. Rhodes. Washington, D.C.: Planners Press, American Planning Association. 1987. Pp. 198. $29.95.
The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel
The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel
Florida State University Law Review
The concurrent sentence doctrine is a judicially-created rule of criminal procedure. In this article, Professor Emanuel traces the history of the doctrine from its roots in eighteenth-century England to its current status in state and federal courts. Recently, the United States Supreme Court effectively forestalled the use of the doctrine in any federal felony conviction; however, Professor Emanuel argues that the doctrine remains viable in collateral actions for postconviction relief from federal convictions and in state couts.
Thomson V. Department Of Environmental Regulation, 511 So. 2d 989 (Fla. 1987), Elizabeth Bradshaw
Thomson V. Department Of Environmental Regulation, 511 So. 2d 989 (Fla. 1987), Elizabeth Bradshaw
Florida State University Law Review
Administrative Law-ADMINISTRATIVE RES JUDICATA: GIVING THE DEVELOPER ANOTHER BITE OF THE APPLE
Funding Legal Services For The Poor: Floria's Iota Program -- Now Is The Time To Make It Mandatory, Gregory A. Hearing
Funding Legal Services For The Poor: Floria's Iota Program -- Now Is The Time To Make It Mandatory, Gregory A. Hearing
Florida State University Law Review
No abstract provided.
Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed
Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed
Florida State University Law Review
When an attorney furnishes documents containing work product to an expert witness, a potential conflict arises between the work product immunity of Rule 26(b)(3) and the expert discovery provisions of Rule 269b)(4). In this Article, Professors Henkel and Reed examine the approaches federal courts have taken to this conflict. They argue that any approach which either allows for the discovery of documents containing work product or allows for the discovery of document from which product has been expunged is contrary to the purposes of the federal rules. The authors then propose a solution to this conflict which protects both the …
The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell
The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell
Florida State University Law Review
No abstract provided.
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Florida State University Law Review
National security has long been advanced as a justification for the abrogation of civil liberties. In this lecture, Professor Simpson examines through the analysis of particular cases how two nations dealt with these competing values in the interment without trial of their respective citizens during World War II. Condemning the secrecy and lack of accountability of the authorities responsible for protecting the nation, Simpson issues a call for vigilance and a warning that patterns and habits of respect for liberty will serve better than mere forms of procedure to effectively insure that liberties are not again abandoned to ill-founded claims …
A Perspective To Reconsider Partnership Law, Donald J. Weidner
A Perspective To Reconsider Partnership Law, Donald J. Weidner
Florida State University Law Review
The Uniform Partnership Act, unchanged in over seventy years, is being considered for revision by the National Conference of Commissioners on Uniform State Laws. As Reporter to the Drafting Committee, Professor Weidner recommends that the revision process begin with a reconsideration of the fundamentals of partnership law. The drafters of the present act struggled to reconcile the conflicts between the entity and aggregate theories of partnership, conflicts which still permeate partnership law. While theoretical consistency may be desirable, a pragmatic approach to revision requires a structuring of partnership law that will serve the needs of both large and small partnerships. …
Rock V. Arkansas, Stevan D. Mitchell
Rock V. Arkansas, Stevan D. Mitchell
Florida State University Law Review
Evidence/Constitutional Law-THE ADMISSIBILITY OF POSTHYPNOTIC TESTIMONY: CONSTITUTIONAL CONSIDERATIONS AND THE DEFENDANT'S RIGHT TO TESTIFY
Improving The Earned Income Credit: Transition To A Wage Subsidy Credit For The Working Poor, Jonathan Barry Forman
Improving The Earned Income Credit: Transition To A Wage Subsidy Credit For The Working Poor, Jonathan Barry Forman
Florida State University Law Review
Millions of American families have incomes that fall below the poverty line. Of these, many families are poor despite the fact that at least one member of these families works during the year. In this article, Professor Forman examines one tool in the fight against poverty, the earned income credit. Professor Forman examines the history of the credit and its shortcoming and then suggests ways in which the credit could be improved to better serve the working poor.
Hazelwood School District V. Kuhlmeier, 108 S. Ct. 562 (1988), Walter E. Forehand
Hazelwood School District V. Kuhlmeier, 108 S. Ct. 562 (1988), Walter E. Forehand
Florida State University Law Review
Constitutional Law-TINKERING WITH TINKER: ACADEMIC FREEDOM IN THE PUBLIC SCHOOLS