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Series

University of Florida Levin College of Law

1998

Articles 1 - 11 of 11

Full-Text Articles in Law

Governmental Immunity And Taxation In Florida, David M. Hudson Apr 1998

Governmental Immunity And Taxation In Florida, David M. Hudson

UF Law Faculty Publications

In Florida, the ad valorem property tax is the single most important source of revenue for local governments. Considerable revenue is lost to local governments when property that should be taxed is not taxed because of mistaken application of the governmental immunity doctrine. Most governmentally owned property is used by the governmental entity for governmental purposes and remains nontaxable. However, when governmentally owned property is used by a nongovernmental person for a nonexempt use, the property no longer enjoys governmental immunity and is taxable. After all, such property is being used for private, profit-seeking purposes in competition with nongovernmentally owned …

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Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson Apr 1998

Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson

UF Law Faculty Publications

In this article I explore two important questions raised by the Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston decision. First, although the Supreme Court did not analyze the case under the Roberts framework, it suggested at the conclusion of the opinion that the case would have the same outcome under that test. The Court's dictum concerning the Roberts trilogy thus raises the question whether Hurley indicates that the Court might disturb the Roberts doctrine if presented with the opportunity. Second, the Hurley Court, in rejecting GLIB's claim, found that the parade organizers were not attempting to exclude …

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Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol Apr 1998

Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Article will study Latinas in the United States and develop a framework that aims to eradicate injustices Latinas experience by importing the voices of las olvidadas into the heart of rights-talk, thus placing Latinas in justice. First, the piece will identify who the olvidadas are-unseen, unheard, and virtually non-existent in the world of law as well as in the myriad other worlds they inhabit. Parts III and IV consider structural roadblocks-first external and then internal-that conspire to perpetuate Latina invisibility and disempowerment, keeping Latinas from justice. Part V presents the locations and positions of Latinas who suffer intimate violence …

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Teaching In A Developing Country: Mistakes Made And Lessons Learned In Uganda, Stuart R. Cohn Mar 1998

Teaching In A Developing Country: Mistakes Made And Lessons Learned In Uganda, Stuart R. Cohn

UF Law Faculty Publications

When, out of the blue, I was asked to direct a 3-week workshop in Uganda relating to that country’s recently created capital market infrastructure, I asked to review the laws and regulations that had been adopted to date. Upon examination, these laws and regulations were so well developed and sophisticated that I wondered whether there was anything I could provide to people who obviously already knew what they were doing. Imagine my great surprise when some pre-workshop phone calls to Uganda produced the information that the laws and regulations had essentially been copied from other countries and that very few …

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Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns Mar 1998

Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns

UF Law Faculty Publications

The United States enjoys a lofty reputation worldwide as the land of opportunity and dreams, the welcoming home to all who want to be free, the brave new world that embraces huddled masses and offers them limitless possibilities to find freedom, liberty, and happiness. In marked juxtaposition to this welcomeness narrative is the counter-narrative of historic exclusion evidenced by the harsh description of these "huddled masses, yearning to breathe free" as "wretched refuse." Indeed, to describe some immigrants as "wretched refuse" manifests that Lady Liberty's welcome is, at best, highly selective and, at worst, patently discriminatory. The irony, of course, …

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Terry V. Ohio's Fourth Amendment Legacy: Black Men And Police Discretion, Tracey Maclin Jan 1998

Terry V. Ohio's Fourth Amendment Legacy: Black Men And Police Discretion, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

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Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn Jan 1998

Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn

UF Law Faculty Publications

Remarks from Professor Kenneth B. Nunn at the Ray Rushton Distinguished Lecture Series at the Cumberland School of Law on April 24, 1998.

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Building Bridges Iii - Personal Narratives, Incoherent Paradigms, And Plural Citizens, Berta E. Hernández-Truyol Jan 1998

Building Bridges Iii - Personal Narratives, Incoherent Paradigms, And Plural Citizens, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay, in three parts, explores bridge building among communities of color with the purposes of creating, maintaining, and developing alliances. The first part, Personal Narratives, shares with readers some cuentos (stories) as a method and path in which to position the lectors: to contextualize my frontiers and familiarize them with my daily travels through diverse and varied borderlands; the many communities with which I intersect and interact, and in which I live- all of them my communities; and in all of which I am both insider and outsider. Part II, Incoherent Paradigms, suggests that the prevailing race-based legal paradigms …

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Race And The Fourth Amendment, Tracey Maclin Jan 1998

Race And The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

In Whren v. United States, the Supreme Court held that pretextual traffic stops do not raise Fourth Amendment concerns. In this Article, Professor Maclin contends that by requiring only probable cause of a traffic offense to justify pretextual seizures, the Court mistakenly ignores racial impact when marking the protective boundaries of the Fourth Amendment. Professor Maclin argues that race matters when measuring the dynamics and legitimacy of certain police-citizen encounters. Pretextual traffic stops unreasonably use racial targeting, therefore, the Court should make racial impact a factor in determining the constitutionality of the pretextual seizure. Professor Maclin begins by examining objective, …

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The Essential Structure Of Judgment Proofing, Lynn M. Lopucki Jan 1998

The Essential Structure Of Judgment Proofing, Lynn M. Lopucki

UF Law Faculty Publications

This article argues that substantially all judgment proofing can be described through a single model: a symbiotic relationship between two or more entities, in which one of the entities generates disproportionately high risks of liability while the other owns a disproportionately high level of assets. The two entities typically are joined by a contract that allocates the profits gained from externalization of the tort liability. Proof that the model is workable even in large businesses is made by demonstrating that a single business can be divided into two such entities without altering its components or its function. The courts cannot …

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A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster Jan 1998

A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster

UF Law Faculty Publications

Part I of this paper provides an overview of the dominant conservative legal doctrines and governing practices that limited planners' goals and strategies in New Haven during the period from 1907 through 1913, and that planning advocates sought to change. Part II provides a narrative of the New Haven planning movement prior to the publication of a 1910 report by Cass Gilbert, a well-known New York-based architect, and Frederick Law Olmsted, Jr., a nationally recognized city planner, on how best to improve New Haven's physical environment and infrastructure. To illustrate the difficulties facing the nascent planning movement in New Haven, …

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