Law Commons^™

The Limited Standing Rule Of Chapter 380: Substantial Interests Lost In The Process, Jaimie A. Ross

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Disparate Impact Canon, Michael T. Morley

Scholarly Publications

No abstract provided.

Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena, Steven J. Mulroy, Amy H. Moorman

Florida State University Law Review

No abstract provided.

Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan

Scholarly Publications

Historically, punitive damage awards and criminal sentences have shared the common justifications of punishment and deterrence, with the culpability of tortfeasors and criminals alike being enhanced as a result of repeat misconduct. The Supreme Court’s 2003 decision in State Farm v. Campbell suggests, however, that the parallels now in effect stop at the state line. The extraterritorial misconduct of tortfeasors is permitted to play a very limited role, if any, in the assessment of punitive damage awards. Meanwhile, such misconduct continues to be used by courts to significantly enhance the sentences of criminal defendants, an asymmetry accentuated by California v. …

Substantive Due Process And The Involuntary Confinement Of Sexually Violent Predators, Wayne A. Logan, Eric S. Janus

Scholarly Publications

Over the past fifty years the Supreme Court has been repeatedly asked to address the constitutionality of civil commitment laws, including laws specifically targeting sexually violent predators (SVPs). The SVP laws have withstood challenge, in each instance redeemed by their putative civil purpose. Today, however, roughly 13 years after the first modern SVP law was enacted by the State of Washington, serious concern exists over whether the laws are fulfilling their civil purpose, or are merely serving as vehicles for impermissible preventive detention.

This Article addresses this question, in the process exploring the viability of the major remaining constitutional basis …

Adr, The Judiciary, And Justice: Coming To Terms With The Alternatives, Erin Ryan

Scholarly Publications

Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself--in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. "Alternative" models of dispute resolution have inarguably penetrated the mainstream; the relevant question now is how they will change it. The judicial embrace of ADR presents opportunities and concerns that distinguish court-annexed programs …

Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan

Scholarly Publications

No abstract provided.

Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding

Florida State University Law Review

No abstract provided.

Davis V. Page, 442 F. Supp. 258 (S.D. Fla. 1977), K. Dian Fedak

Florida State University Law Review

Constitutional Law-JUVENILE DEPENDENCE PROCEEDINGS-CRITICAL STAGES ANALYSIS USED IN CRIMINAL PROCEEDINGS GOVERNS TIMING OF RIGHT TO COUNSEL IN CHILD DEPENDENCY HEARINGS

Legislative Delegations Of Power And Judicial Review -- Preventing Judicial Impotence, Robert W. Martin, Jr.

Florida State University Law Review

No abstract provided.

Proposals For Reform Of Florida's Provisional Creditor Remedies, John W. Larson

Florida State University Law Review

No abstract provided.

1977 Amendments To The Administrative Procedure Act, George Sheldon

Florida State University Law Review

No abstract provided.

Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass

Florida State University Law Review

No abstract provided.

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.

North Georgia Finishing, Inc. V. Di-Chem, Inc., 419 U.S. 601 (1975), John Jefferson Rimes Iii

Florida State University Law Review

Constitutional Law- DUE PROCESS- GEORGIA PREJUDGMENT GARNISHMENT PROCEDURES INVALID.

Brown V. Liberty Loan Corp., 392 F. Supp. 1023 (M.D. Fla. 1974), J. Elizabeth Middlebrooks

Florida State University Law Review

Constitutional Law- DUE PROCESS- POSTJUDGMENT WAGE GARNISHMENT PROCEDURE THAT GIVES DEBTOR NO NOTICE OR OPPORTUNITY TO ASSERT STATUTORY EXEMPTION PRIOR TO GARNISHMENT IS UNCONSTITUTIONAL.

Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle

Florida State University Law Review

Constitutional Law- EQUAL PROTECTION- DENYING SOCIAL SECURITY "MOTHER'S INSURANCE BENEFITS" TO FATHERS VIOLATES EQUAL PROTECTION COMPONENT OF FIFTH AMENDMENT DUE PROCESS CLAUSE.

Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- STUDENTS FACING SUSPENSION HAVE PROPERTY AND LIBERTY INTERESTS THAT QUALIFY FOR DUE PROCESS PROTECTION.

Gagnon V. Scarpelli, 411 U.S. 778 (1973), Florida State University Law Review

Florida State University Law Review

Constitutional Law-DUE PROCESS-REVOCATION OF PROBATION WITHOUT PRIOR HEARING VIOLATES PROBATIONER'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS; NEED FOR APPOINTED COUNSEL AT REVOCATION HEARING TO BE DETERMINED ON CASE-BY-CASE BASIS.

Frontiero V. Richardson, 411 U.S. 677 (1973), Florida State University Law Review

Florida State University Law Review

Constitutional Law- DUE PROCESS- FEDERAL LAW CONCLUSIVELY PRESUMING SPOUSE OF SERVICEMAN TO BE HIS DEPENDENT WHILE REBUTTABLY PRESUMING SPOUSE OF SERVICEWOMAN NOT TO BE HER DEPENDENT VIOLATES DUE PROCESS GUARANTEE OF FIFTH AMENDMENT.

Ortwein V. Schwab, 410 U.S. 656 (1973), Florida State University Law Review

Florida State University Law Review

Constitutional Law-FOURTEENTH AMENDMENT-REQUIREMENT OF FILING FEE FOR JUDICIAL REVIEW OF ADMINISTRATIVE REDUCTION OF WELFARE BENEFITS DOES NOT CONSTITUTE DENIAL OF DUE PROCESS OR EQUAL PROTECTION OF LAW.