Law Commons^™

Back To The Future: The Short, Happy Life Of The Law And Society Movement, David M. Trubek

Florida State University Law Review

The Twenty-Fifth Anniversary Meeting of the Law and Society Association: The Ice Cream Social

The family has returned to Madison, Wisconsin where it all started. The old-timers are in a mood for celebration and self-congratulation. The past presidents are serving ice cream to a huge crowd of people from all over the world. These founding fathers (the first female president is still in office and isn't yet eligible to serve ice cream) look pleased. This is a world they have made. It is full of old friends, recent students, ardent disciples, a few critics who have at least taken them …

Strategic Research In Law And Society, Bryant G. Garth

Florida State University Law Review

No abstract provided.

"His" And "Her" Story: The Life And Future Of The Law And Society Movement, Felice J. Levine

Florida State University Law Review

No abstract provided.

Durkheimian Epiphanies: The Importance Of Engaged Social Science In Legal Studies, Carrie Menkel-Meadow

Florida State University Law Review

No abstract provided.

What's The Big Idea Behind The Idea-Expression Dichotomy? -- Modern Ramifications Of The Tree Of Porphyry In Copyright Law, Amaury Cruz

Florida State University Law Review

No abstract provided.

Stare Decisis Among And Within Florida's District Courts Of Appeal, Taylor Mattis

Florida State University Law Review

No abstract provided.

Beethoven And The Law: The Case Of The Nephew, Elliot M. Abramson

Florida State University Law Review

No abstract provided.

Note, Hedonic Damages For Wrongful Death: Are Tortfeasors Getting Away With Murder?, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.

Altruism In Nonprofit Organizations, Rob Atkinson

Scholarly Publications

No abstract provided.

Aids And The Perception Of Aids As Handicaps Under Florida Law, Robert Craig Waters

Florida State University Law Review

Until 1989, many questions remained unanswered about the extent of protection afforded by Florida's numerous handicap discrimination laws for those with symptomless infection of the AIDS virus or those perceived as having such an infection. The 1989 Florida Legislature settled these questions by declaring that having the infection and being perceived as infected fall within the protection of these statutes. As a rationale, the Legislature adopted an express statement of intent that found all forms of AIDS-related discrimination irrational, scientifically unfounded, and detrimental to society as a whole. This Article explores the sweeping implications of these legislative determinations.

Unfunded Mandates: A Continuing Source Of Intergovernmental Discord, Kristin Conroy Rubin

Florida State University Law Review

No abstract provided.

Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer

Florida State University Law Review

No abstract provided.

Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam

Florida State University Law Review

Florida's partial final judgment rule creates uncertainty for attorneys and their clients. The author of this Article proposes solutions ranging from changes in terminology to amendments to the rule.

No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson

Florida State University Law Review

The constitutionalization of defamation law in 1964 created a revolution in first amendment jurisprudence. The United States Supreme Court established protection for statements concerning public officials unless the statements were made with actual malice, i.e., knowledge of falsity or reckless disregard of truth or falsity. Later, the Court extended much of that protection to statements about public figures who are not government employees. Though the Court eventually narrowed the scope of its public figure doctrine, it never receded from the protection accorded to statements about public officials. The author of this Article contends that this distinction has eluded many state …

Florida Takeover Law: Affiliated Transactions, Jeffery M. Fuller, Robert C. Rasmussen

Florida State University Law Review

Many states perceive corporate takeover activity as a threat to local business and industry. The Florida Affiliated Transactions Statute is one part of a comprehensive scheme of anti-takeover regulation in Florida. The authors of this Article explain the development of American takeover regulation, analyze this statute, and discuss surrounding constitutional and public policy issues.

In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee

Florida State University Law Review

No abstract provided.

Religious Accommodation And Criminal Liability, Christine A. Clark

Florida State University Law Review

Florida's religious accommodation statute leads some parents to believe that they are free to rely on spiritual healing in lieu of medical treatment for their ill children. However, the statute fails to protect these parents in a criminal prosecution arising from their children's deaths. The author of this Article describes the various types of accommodation statutes, analyzes a recent prosecution, and concludes that such prosecutions are unconstitutional. The author also proposes revisions to Florida's law designed to eliminate ambiguities about what protections it provides.

Mediation: The Florida Legislature Grants Judicial Immunity To Court-Appointed Mediators, J. Sue Richardson

Florida State University Law Review

No abstract provided.

Florida Durable Power Of Attorney Law: The Need For Reform, Robert Craig Waters

Florida State University Law Review

The durable power of attorney provides a method of planning for illness or incapacity that is less expensive and restrictive than legal guardianship. Yet current Florida law appears to render durable powers either unenforceable or inaccessible to most of the state's population. In this Article, the author provides a history of the durable power, describes the shortcomings of current Florida law, and proposes broad reform.

Rights And Duties Of Vendors And Government Agencies Under Florida's New Public Contracting Law, David L. Powell

Florida State University Law Review

Until recently, vendors convicted of "bid-rigging," crimes could continue to receive public contracts with state and local agencies. In 1989, the Legislature enacted legislation to exclude convicted vendors from the public procurement process. In this Article, the author examines how the standards and procedures of the new law safeguard the public treasury while protecting vendors from unfair interference in their transactions with state and local agencies.

An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter

Florida State University Law Review

In Schiavone v. Fortune, the United States Supreme Court held that the "period provided by law for commencing the action" language of the Federal Rule of Civil Procedure 15(c) includes the statutory limitation period, but not the time allowed for service of process. After demonstrating that this interpretation of Rule 15(c) is unreasonable, the author of this Article examines the various ways that federal courts have dealt with the decision. In light of the confusion and inequities which have resulted, the author suggests two ways of effecting a more just and sensible reading of Rule 15(c).

Champagne-Webber, Inc. V. City Of Fort Lauderdale, 519 So. 2d 696 (Fla. 4th Dca 1988), Enrico G. Gonzalez

Florida State University Law Review

Contract Law/Sovereign Immunity-THE DEMISE OF SOVEREIGN IMMUNITY IN THE CONTRACTUAL BATTLE AGAINST STATE AGENCIES

Texas V. Johnson, 109 S. Ct. 2533 (1989), Deborah Tully Eversole

Florida State University Law Review

Constitutional Law-A VOYAGE THROUGH MURKY WATERS: ASSESSING FLAG MISUSE PROHIBITIONS IN THE WAKE OF Texas v. Johnson, 102 S. Ct. 2533 (1989)

Form Or Substance? Definitional Aspects Of Assault Weapon Legislation, Thomas R. Thompson

Florida State University Law Review

No abstract provided.

The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

The Prosecution Of Religious Fraud, Stephen Senn

Florida State University Law Review

The first amendment to the United States Constitution protects the religious freedom of individuals through its establishment and free exercise clauses. Should the government's hands-off policy under the free exercise clause provide a protective blanket for fraudulent moneymaking schemes carried out in the name of religion? The author of this Article argues that the protection of religious freedom can comfortably coexist with protection from religious fraud where courts employ a "sincerity test." He concludes that with appropriate procedural safeguards, courts can use this test to distinguish sincere religious exercise from criminally fraudulent enterprise.

The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse

Florida State University Law Review

No abstract provided.

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …

Article Xii, Section 10: Formerly Of The Florida Constitution, William R. Woods

Florida State University Law Review

No abstract provided.

Murray V. Giarratano, 109 S. Ct. 2765 (1989), Scott Elliott Rogers

Florida State University Law Review

Constitutional Law/Access to Courts-LIMITING THE RELIEF AVAILABLE TO INDIGENT DEATH ROW INMATES DENIED MEANINGFUL ACCESS TO THE COURTS