Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Letter To Faa Administrator Re: Usair 1549 Crash, Paul F. Eschenfelder, Russell P. Defusco Phd, Richard Sowden Jun 2010

Letter To Faa Administrator Re: Usair 1549 Crash, Paul F. Eschenfelder, Russell P. Defusco Phd, Richard Sowden

Paul F. Eschenfelder

No abstract provided.


Conservation Value Of Residential Open Space: Designation And Management Language Of Florida’S Land Development Regulations, Dara M. Wald May 2010

Conservation Value Of Residential Open Space: Designation And Management Language Of Florida’S Land Development Regulations, Dara M. Wald

Dara Wald

The conservation value of open space depends upon the quantity and quality of the area protected, as well as how it is designed and managed. This study reports the results of a content analysis of Florida county Land Development Regulations. Codes were reviewed to determine the amount of open space required, how open space is protected during construction, the delegation of responsibilities, and the designation of funds for management. Definitions of open space varied dramatically across the state. Most county codes provided inadequate descriptions of management recommendations, which could lead to a decline in the conservation value of the protected …


Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder Dec 2009

Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


Procreation, Harm, And The Constitution, Carter Dillard Dec 2009

Procreation, Harm, And The Constitution, Carter Dillard

Carter Dillard

This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?

These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what …


Airport Wildlife Hazard Control, Paul F. Eschenfelder Dec 2009

Airport Wildlife Hazard Control, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell Dec 2009

What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell

Caroline A Forell

In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on …