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Articles 1 - 30 of 93
Full-Text Articles in Law
General Legislation, R. Nichols
General Legislation, R. Nichols
California Regulatory Law Reporter
No abstract provided.
Foreword: The 1988 Legislative Session, Tom Gustafson
Foreword: The 1988 Legislative Session, Tom Gustafson
Florida State University Law Review
No abstract provided.
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.
Assembly Office Of Research, K. Gleason Huss, L. Jackson
Assembly Office Of Research, K. Gleason Huss, L. Jackson
California Regulatory Law Reporter
No abstract provided.
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 …
Pawnbroking On Parade, Jarret C. Oeltjen
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Seattle University Law Review
This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …
Transferable Public Rights: Reconciling Public Rights And Private Property, Michael Neiderbach
Transferable Public Rights: Reconciling Public Rights And Private Property, Michael Neiderbach
Buffalo Law Review
No abstract provided.
Interpreting Legislative Inaction, William N. Eskridge Jr.
Interpreting Legislative Inaction, William N. Eskridge Jr.
Michigan Law Review
This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. In this article, Professor Eskridge addresses the issue of how legislative inaction should affect statutory interpretation. He begins by constructing a detailed analysis of the Court's legislative inaction cases, arguing that the case law is much more coherent than previous analysts have suggested. Professor Eskridge then considers Justice Scalia's critique of that case law and provides support for Justice Scalia's views by distinguishing actual and presumed legislative intent, arguing that, based on a conception …
Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber
Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber
Michigan Law Review
This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Farber identifies three issues which lie at the heart of Patterson: Must statutes be construed to conform to the intent of the drafters? Does legislative inaction provide reliable guidance to interpreters of statutes? And should the nature of the claim at issue - here a claim of civil rights - influence the interpreters? On this last point, Professor Farber argues that public values must be relevant to statutory interpretation and that judges …
Updating Statutory Interpretation, T. Alexander Aleinikoff
Updating Statutory Interpretation, T. Alexander Aleinikoff
Michigan Law Review
This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.
Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood
Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood
West Virginia Law Review
No abstract provided.
General Legislation, J. Ferguson
General Legislation, J. Ferguson
California Regulatory Law Reporter
No abstract provided.
Assembly Office Of Research, C. Traxler, M. Livingston
Assembly Office Of Research, C. Traxler, M. Livingston
California Regulatory Law Reporter
No abstract provided.
Corporate Crime Under Attack, D. Christopher Wells
Corporate Crime Under Attack, D. Christopher Wells
West Virginia Law Review
No abstract provided.
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Michigan Law Review
In an attempt to provide some needed definitional clarity and redirect civil RICO toward its intended focus, this Note argues that the federal judiciary should interpret the pattern requirement narrowly, focusing on four basic factors that best demonstrate a prolonged, continuing example of criminal activity. By emphasizing (1) the presence of multiple victims, (2) the duration of the RICO defendant's criminal activity, (3) the number of illicit commercial transactions, and (4) the existence of independent criminal decisions, courts could consistently limit civil RICO to the most pernicious offenders. Part I of this Note will examine judicial interpretations of RICO and …
Omnibus Taxpayers' Bill Of Rights Act: Taxpayers' Remedy Or Political Placebo?, Creighton R. Meland Jr.
Omnibus Taxpayers' Bill Of Rights Act: Taxpayers' Remedy Or Political Placebo?, Creighton R. Meland Jr.
Michigan Law Review
This Note examines whether the bill, as drafted, addresses the problems which spawned it. It anticipates the bill's effects on existing law and identifies areas where the bill would likely create new problems in the administration of the federal tax laws. It further identifies areas where the bill would solve problems. This Note concludes that (1) the bill's audit provisions will not significantly expand taxpayer rights, and may in fact disrupt the audit process; (2) except for safeguards for installment agreements, the bill's attempts to reform IRS collections procedures will not achieve its intended objectives; and (3) the bill's damages …
General Legislation, J. Ferguson
General Legislation, J. Ferguson
California Regulatory Law Reporter
No abstract provided.
Assembly Office Of Research, C. Traxler, M. Livingston
Assembly Office Of Research, C. Traxler, M. Livingston
California Regulatory Law Reporter
No abstract provided.
What Has Happened To The Tax Legislative Process?, Pamela Brooks Gann
What Has Happened To The Tax Legislative Process?, Pamela Brooks Gann
Michigan Law Review
A Review of Showdown at Gucci Gulch: Lawmakers, Lobbyists and the Unlikely Triumph of Tax Reform by Jeffrey H. Birnbaum and Alan S. Murray
Abortion And Divorce In Western Law, Sara J. Vance
Abortion And Divorce In Western Law, Sara J. Vance
Michigan Law Review
A Review of Abortion and Divorce in Western Law by Mary A. Glendon
New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors
New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors
Michigan Law Review
A Review of New Deal Labor Policy and the American Industrial Economy by Stanley Vittoz