Law Commons^™

Professional Responsibility: 1997 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert

Law Faculty Scholarship

Professional responsibility law in Florida continued to expand in 1997. Case law, rules, and ethics opinions amplified and, in some areas, extended the duties that lawyers assume as officers of the judicial branch of government. This article examines professional responsibility decisions that are likely to affect the relationships that lawyers have with clients, former clients, judges, third parties, and The Florida Bar. Part II looks at developments affecting the most important relationship that lawyers establish and operate within: the relationship between lawyer and client. Part III reviews developments of significance to the lawyer's relationship to the court and the judicial …

Promulgating Requirements For Admission To Prosecute Patent Applications, Michelle J. Burke, Thomas G. Field Jr

Law Faculty Scholarship

Among federal agencies, the U. S. Patent and Trademark Office is unique in its ability to require attorneys to submit to special requirements, such as passing a six hour examination, before being permitted to practice before it in patent cases. Indeed, the Supreme Court has held that an individual so admitted to practice before the PTO need not comply with state requirements otherwise applicable to those practicing law.

The first part of this article discusses how this requirement came to be. It then discusses how the PTO determines whether an individual is fit to sit for the patent examination, focusing …

Public Discourse In Contemporary Germany, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Gandhi: The Spirituality And Politics Of Suffering, Charles R. Disalvo

Law Faculty Scholarship

This Article examines the 1982 film Gandhi. Although it took factual liberties with Gandhi's life, Professor DiSalvo concludes that it accurately conveyed Gandhi's dedication to self-suffering and philosophy of non-violence. The Article analyzes excerpts from the film which illustrate Gandhi's five fundamental beliefs on the spirituality and politics of suffering. Those beliefs are in suffering as a weapon, as empowerment, as self-interest, as propaganda, and as reconciliation. The film Gandhi also masterfully introduced millions to Gandhi's life, message, and legacy.

Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

A Comparative Proposal To Reform The United States Gift Tax Annual Exclusion, Jeffrey S. Kinsler

Law Faculty Scholarship

This Article analyzes the U.S. gift tax annual exclusion, the main exemption to U.S. gift tax laws. The Article develops the history and purpose of the gift tax annual exclusion to demonstrate that the current system does not accomplish its original purposes. The Article concludes that reform is needed and proposes legislation to simplify the gift tax laws and create a more equitable gift tax law system. The Article uses the gift tax laws of New Zealand, the United Kingdom, Japan, and the Netherlands as models for U.S. gift tax reform legislation.

The Secondary Effects Doctrine: 'The Evisceration Of First Amendment Freedoms', David L. Hudson Jr.

Law Faculty Scholarship

An analysis of First Amendment Jurisprudence and the Secondary Effects Doctrine.

Preserving A Place For The Past In Our Future: A Survey Of Historic Preservation In West Virginia, Megan M. Carpenter

Law Faculty Scholarship

No abstract provided.