Law Commons^™

Payne And Suffering—A Personal Reflection And A Victim-Centered Critique, Vivian Berger

Florida State University Law Review

No abstract provided.

Administrative Procedure Act Amendments: The 1991 And 1992 Amendments To The Florida Administrative Procedure Act, Stephen T. Maher

Florida State University Law Review

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Free Trade And Environmental Protection In An Integrated Market: A Survey Of The Case Law Of The United States Supreme Court And The European Court Of Justice, Damien Geradin

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Recent Developments: Dawson V. Delaware: Evidence Of Defendant's Racist Associations Or Beliefs Not Admissible In Capital Sentencing Proceeding Unless Relevant To The Issues Addressed In The Underlying Conviction, David E. Canter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Jacobson V. United States: Entrapment Defense Prevailed Where Government Failed To Prove Criminal Predisposition Existed Before Investigation Induced Defendant To Break The Law, Scott N. Alperin

University of Baltimore Law Forum

No abstract provided.

Restoring Endangered Ecosystems: The Truckee-Carson Water Rights Settlement, David Yardas, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

12 p. : map ; 28 cm

Recent Florida Capital Decisions, Gary Caldwell

Nova Law Review

The death penalty applies to two offenses under Florida law; first

degree murder' and capital drug trafficking.2 Although Florida law also

defines sexual battery of a minor as a capital offense, the Florida Supreme

Court has ruled that the death penalty does not apply to that

offense.

Civil Procedure: 1992 Survey Of Florida Law, William Vandercreek

Nova Law Review

Florida Civil Procedure continues to change and develop, adapting to the demands of an increasingly dynamic environment.

Vol. 9, No. 1, Gregg R. Sackrider

The Illinois Public Employee Relations Report

Contents:

The Americans with Disabilities Act, by Gregg R. Sackrider

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

The Florida International Affairs Act: A Model For State Activism In Foreign Affairs Comment, Eduardo E. Neret, Marcio W. Valladeres

Florida State University Journal of Transnational Law & Policy

No abstract provided.

State Responsibility In Case Of Stabilization Clauses, F. V. Garcia-Amador

Florida State University Journal of Transnational Law & Policy

Modern concession agreements between States and foreign corporations sometimes contain, in addition to choice-of-law clauses, the specific commitment on the part of the contracting State not to alter the terms of the concession, by legislation or by any other means, without the consent of the other contracting party. These stipulations are usually known as "stabilization" clauses. The commitment embodied in these clauses poses a special situation from the standpoint of State responsibility. Before discussing such a situation, let us first see what is the traditional position as to the international responsibility of States for measures affecting contractual rights, and also, …

Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella

Florida State University Journal of Transnational Law & Policy

Despite the prevalence of interethnic conflict and its threat to world order, the global constitutive process offers no universal mechanism, such as an international tribunal, to adjudicate the claims advanced by non-state, ethnic minorities. This author advocates establishing such a mechanism. During our present century, the power of politicized ethnicity in international and intra-state affairs repeatedly manifests itself around the globe in countries old and new. Ethnopolitical movements involve the mobilization of people on the bases of cultural characteristics, such as language, tradition, religion, homeland, and selected physical traits. Ethnopolitics significantly affects the world order. In 1973, Walter Connor wrote: …

International Human Rights Law In U.S. Courts, Richard B. Lillich

Florida State University Journal of Transnational Law & Policy

Although, as Professor Bilder rightly observes, "[ijnternational human rights law is derived from a variety of sources and involves many kinds of materials, both international and national, it is to national law that one must look first to determine the scope and content of the human rights recognized and protected in any country. Domestic courts confronted with human rights claims initially refer to national constitutions, laws, decrees, regulations, court and administrative decisions, and policy pronouncements for relevant rules of decision. Increasingly, however, domestic courts also are taking international human rights law into account in deciding cases. The purpose of this …

Abducting Foreign Nationals Abroad: United States V. Alvarez-Machain, Mark D. Hobson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

European Community Competition Law: Is The Corporate Veil Lifted Too Often, Eran Aharon Lev

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Changes In U.S. Trade And Economic Policy Towards Post-Nonmarket Economy Countries: An Example Of Poland, Joanna Gomula

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel

Loyola University Chicago Law Journal

No abstract provided.

Go Greyhound And Leave The Fourth Amendment To Us: Florida V. Bostick, Matthew I. Farmer

Loyola University Chicago Law Journal

No abstract provided.

Contributions To Sustainable Development From The Legal Community: Opportunity For International Cooperation, Rodrigo Barahona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

9 p. ; 28 cm

Romania's Evolving Legal Framework For Private Sector Development, Cheryl W. Gray, Rebecca J. Hanson, Peter G. Ianachkov

American University International Law Review

No abstract provided.

Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose

Law Faculty Scholarship

For the most part, parties with a legal dispute have either settled their differences or, when that wasn't possible, litigated them. However, alternative dispute resolution (ADR) is increasingly urged as a supplement or substitute in a wide range of areas. ADR usually involves at least one third party who is employed by neither the judicial system nor one of the parties to the dispute. The third party may be a mediator, who helps the parties reach settlement, or an arbitrator, who renders a decision. While arbitration has been widely used for many years, until very recently, mediation (or conciliation) was …

Comment: Perceptions Of Chief Patent Counsel At Large Corporations Of The Effects Of Patent Term, Products Liability And Government Regulations On Firm R&D, Thomas G. Field Jr.

Law Faculty Scholarship

Last summer, over 300 members of the Association of (chief) Corporate Patent Counsel were surveyed concerning their attitude toward and experience with arbitration and mediation (ADR). Seventy-five responded. Subsequently, tabulations of the survey data were sent to the same people with four additional questions, two of which had nothing to do with ADR. Forty-one responded. This comment reports responses to the two questions unrelated to ADR.

North American Free Trade Agreement: The Public Debate, Fran Ansley

Scholarly Works

No abstract provided.

Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick

Journal of Law and Health

In designing a sensible system of national health insurance we need to avoid a repetition of the built-in inflationary pressures that followed the adoption of Medicaid and Medicare. Medicaid and Medicare eligibility encouraged many to increase their use of health care services, in part because they no longer needed to bear the costs (or full costs) or services. This increased demand, exceeding the supply of health care services, predictably produced price hikes. Other factors undoubtedly have contributed to the escalation of health care costs, including the tendency of some doctors to order unnecessary diagnostic tests, over-reliance on high technology, and …

Mu'min V. Virginia: The Supreme Court's Failure To Establish Adequate Judicial Procedures To Counter The Prejudicial Effects Of Pretrial Publicity, David Edsey

Loyola University Chicago Law Journal

No abstract provided.

Forum Selection Clauses In Consumer Contracts: An Unconscionable Thing Happened On The Way To The Forum, Julie Hofherr Bruch

Loyola University Chicago Law Journal

No abstract provided.

Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey

Faculty Articles and Other Publications

This Comment will discuss the issue that the Supreme Court of Connecticut declined to decide in Mooney: the Fourth Amendment's inadequate protection of homeless individuals' privacy in their living spaces or "homes." Part II will trace the evolution of Fourth Amendment doctrine from its beginnings in 1886 with Boyd v. United States, when privacy was intimately intertwined with private property, through the Warren Court's 1967 decisions in Katz v. United States and Warden, Maryland Penitentiary v. Hayden, which declared that "the principal object of the Fourth Amendment is the protection of privacy rather than property, and [we] …

The Four Failures Of The Political Economy, Joseph P. Tomain

Faculty Articles and Other Publications

A contemporary policy analyst accustomed to the ways of the micro economic model might admit that the effects of certain types of environmental regulation, (the placement of hazardous waste facilities, for example) might disproportionately impact the poor because it is economically prudent to locate facilities where land is the cheapest. The harsh reality of this strategy is that poor people are more likely to live in poorer sections of the country; thus, the likelihood of being closer to such a facility is higher than that of the general populace. Thus, under this hypothesis, environmental equity is classbased and dictated by …