Law Commons^™

Examining The Current State Of Post-Comprehensive Plan Land-Use Decision Making In Florida: A Property Owner's Guide To The Local Government Comprehensive Planning And Land Development Regulation Act, John E. Fennelly

St. Thomas Law Review

Understanding the landscape of Florida's land use law is becoming increasingly difficult. In two recent companion cases decided by the Florida Supreme Court, judicial review under the Local Government Comprehensive Planning and Land Development Regulation Act clashes with the Act and its stated intent, placing further uncertainty upon the shifting terrain which already existed. This article analyzes Board of County Commissioners of Brevard County v. Snyder (Snyder R1), and Parker v. Leon County (Parker III), and argues that more confusion is generated by these decisions than is resolved. Snyder II represents the court's grappling for a resolution of the district …

From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek

St. Thomas Law Review

While George Orwell contemplated the realities of modem technology racing ahead with ever increasing speed and thwarting our individual privacy, it is clear that the Framers of the Constitution did not. This technological advancement, coupled with America's overriding concern with fighting the "war on drugs," has immensely compromised the Fourth Amendment to the United States Constitution. Once commanding great respect, this Amendment was "sanctified by a Supreme Court that felt compelled to protect all of us, the innocent and guilty alike, from arbitrary and unlawful government intrusions." Unfortunately, the modem courts have not been faithful in adhering to the Framers' …

Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley

St. Thomas Law Review

This comment will look at Chapter 94-135 of the laws of Florida and the statutes it altered as compared to the recommendations from The First Report of the Governor's Task Force on Domestic Violence5 as well as methods effectively being used by other states. It will show that Florida's new Act is a curious mixture of strength and weakness within the statutes, taking some new actions, yet not moving forward and sometimes even regressing in areas where decisive steps could have been taken, notably in such aspects as police intervention and reporting, pro-prosecution policies, and injunctions.

Getting Civilized, Carol Gilligan

Fordham Law Review

No abstract provided.

Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider

Fordham Law Review

No abstract provided.

Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno

Fordham Law Review

No abstract provided.

Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh

Cleveland State Law Review

What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …

Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh

Cleveland State Law Review

What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 6, Issue 1, Fall 1994.

Superfund's Second Master: The Uneasy Fit Of Private Cost Recovery Within Cercla, Alfred R. Light

St. Thomas Law Review

No abstract provided.

Forum Selection Clauses In Florida, Brian Mattis

St. Thomas Law Review

This Article briefly summarizes the evolution of forum selection clauses in the United States in general, and in Florida in particular. The writer contends that McRae was incorrectly decided on constitutional and statutory grounds, and proposes steps which may be taken to overrule the McRae decision. Lastly, the Article addresses some forum selection problems raised by the United States Supreme Court's recent decision in Carnival Cruise.

The Disabled, The Ada, And Strict Scrutiny, James B. Miller

St. Thomas Law Review

This Note argues that Congress has statutorily overturned City of Cleburne v. Cleburne Living Ctr., Inc.'s holding of "rational basis" review for the disabled, through its enactment of the Americans With Disabilities Act of 1990. The argument focuses upon the fact that the United States Supreme Court affords Congress substantial deference in both its fact-finding capacity and in its lawmaking capacity in constitutional matters, especially in the realm of the Fourteenth Amendment's Equal Protection Clause. This Note will distinguish Heller v. Doe by arguing that although it was a proper decision, the Court failed to state that the correct standard …

Victims Of Real Property Drug Forfeitures Now Worthy Of Limited Protection, Charles Lobdell Iii

St. Thomas Law Review

Part I of this Note will briefly examine the the history of civil forfeiture, first in its original incarnation as medieval law and then in its limited use in the United States to ensure the payment of various taxes. In 1984, the Controlled Substance Act was amended to include the civil forfeiture of any real property used to facilitate a violation of the drug laws. Part II will examine that amendment, its reasons for enactment, and its intended use. Unfortunately, the honorable intentions of Congress never translate well to the streets. This Note will point out one of the weaknesses …

The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky

St. Thomas Law Review

Part I of this Note begins by exploring the meaning of probable cause, briefly tracing its development. Part I continues with an examination of how the Supreme Court's interpretation of the Fourth Amendment and the probable cause requirement relates to searches and seizures of containers, specifically, containers that may fall within the Sanders' footnote "exception." The relationship between the Sanders doctrine and that of the "plain view" doctrine will also be examined. In Part II, this Note presents the case of United States v. Prandy-Binett as an example of the above-mentioned doctrinal exceptions to the requirements of the Fourth Amendment …

The New Rollover Rules And Twenty Percent Withholding Tax On Pension Distributions: Does Good Pension Policy Favor Their Repeal, Leandra Lederman Gassenheimer

St. Thomas Law Review

In July 1992, President George Bush signed into law the Unemployment Compensation Amendments (UCA) of 1992,1 which included provisions substantially changing the treatment of many distributions from qualified plans and section 403(b)3 tax sheltered annuities (TSAs). The provisions affecting qualified plans and TSAs generally became effective January 1, 1993, with a transition rule provided for certain TSAs that could delay the effective date of the provisions for such TSAs until January 1, 1994. The UCA expanded the types of distributions from such plans and annuities eligible for deferral of income tax by rollover6 to another qualified plan, TSA or individual …

Rule 10b-5 Liability For Front-Running: Adding A New Dimension To The Money Game, David M. Bovi

St. Thomas Law Review

In the financial arena, the name of the game is money--make it now, make it fast, make a lot. To some players in this financial game, the question of whether to play fairly or unfairly, legally or illegally, is not debated. Their only issue of concern is how much, how fast, and what are the chances of being caught. Throughout history, this attitude has fostered the creation of a countless number of fraudulent schemes and contrivances with the sole purpose of making fast and easy money, regardless of the consequences to other players in the game. One particular fraudulent scheme, …

Trial By Tabloid, Mercy Hermida

St. Thomas Law Review

An intense conflict has persisted throughout legal history between the practical application of the First and Sixth Amendments. The controversy between these two guarantees has been a constant debate for decades. On the one hand, the First Amendment guarantees the media the Constitutional right to report the news via their right to freedom of expression. Alternatively, the Sixth Amendment guarantees the criminally accused the right to a fair trial decided by an impartial jury. Although these two guarantees are not seemingly contradictory, they ultimately collide when the media, in asserting its First Amendment right, so intrudes and disrupts a criminal …

Is The Death Knell Sounding For Animal Rights - The Sacrifice Of Animals For Religious Purposes Under The Guise Of The First Amendment Right To The Free Exercise Of Religion, Mercedes A. Sanchez

St. Thomas Law Review

As a result of several Supreme Court decisions and a recent legislative enactment, it has become increasingly more difficult to protect animal rights through legislation. This is particularly true when the legislation is challenged as unduly encroaching upon the free exercise of religion. This comment questions the Court's most recent application of the strict scrutiny standard in free exercise challenges which effectively swept away the rights of animals. First, this comment discusses the evolution of animal legal rights. Next, this comment provides an overview of free exercise jurisprudence with particular emphasis on the test articulated in Employment Division, Department of …

The Developing Jurisprudence Of The Rights Of The Child, Cynthia Price Cohen

St. Thomas Law Review

Worldwide concern for the well-being of children prompted the United Nations to declare 1979 as the International Year of the Child. This act set in motion a process that is not only affecting the way the world looks at children, but that could ultimately impact on the implementation of all United Nations human rights treaties. While the original intent of the International Year of the Child was simply to sensitize the world community to the state of the world's children, the actual outcome has had effects far beyond the mere compilation of data. The needs of children have become the …

Assisted Suicide: Giving Meaning To The Right To Die, Victoria L. Helms

St. Thomas Law Review

As Dr. Jack Kevorkian awaits prosecution in Wayne County, Michigan for his role in assisting in the death of Thomas J. Hyde, the Michigan Legislature continues to struggle in its search for a meaningful solution to the dilemma brought to a head by the so-called "Dr. Death." The question of assisted suicide is an emotional one, that will no longer sit on the back burner of America's lawmaking systems. Whether assisted suicide conforms to sound public policy in the United States has been the subject of vigorous debate and is a question creating turmoil in both law and medicine. It …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 6, Issue 2, Spring 1994.

Clergy Sexual Misconduct: Confronting The Difficult Constitutional And Institutional Liability Issues, James T. O'Reilly, Joann M. Strasser

St. Thomas Law Review

Sexual misconduct among clergy members is a rare but troubling societal phenomenon, made more evident in the 1990s by dramatic news reporting and high-profile litigation demands. Revelation is no longer just an uplifting part of the New Testament; revelation is a tabloid tactic for uplifting television ratings and newspaper sales by assailing massive sexual scandals in the churches. This article focuses on a clash of doctrines that is developing in tort cases, when institutional churches are sued for failure to adequately oversee and control their errant ministers and priests. The clash arises because the religious doctrines of faith, responsibility and …

A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo

Law and Contemporary Problems

The debate about statutory interpretation has been affected by the introduction of social choice theory into the study of legal institutions. The positive political theory of legislative intent is examined.

Comment On Mcnollgast “Legislative Intent”, Robert H. Bates

Law and Contemporary Problems

McNollgast's (1994) theory on legislative intent is argued as an exercise in textual interpretation. Possible weaknesses in the application of this theory are highlighted.

Legislative Intent: The Use Of Positive Political Theory In Statutory Interpretation

Law and Contemporary Problems

The usefulness of legislative history has been brought into question concerning how judges interpret the intent of legislation. The structure of the legislative process is examined in order to identify how legislators solve the problem of instability of majority rule.

Special Issue On Women And The Law, Tracy E. Higgins

Fordham Law Review

No abstract provided.

Questioning The Use Of Race-Specific And Gender-Specific Economic Data In Tort Litigation: A Constitutional Argument, Martha Chamallas

Fordham Law Review

No abstract provided.

The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen

Faculty Publications

The United Nations' reach in peacekeeping is fast outdistancing its grasp. Spread across seventeen countries, the U.N.’s over 80,000 civilian and military personnel monitor cease-fires, protect aid convoys, and separate warring parties. As the U.N. extends its arms, financial resources seem to slip through its fingers like grains of sand. In short, the U.N. lacks the resources to continue increasing its peacekeeping responsibilities.

In An Agenda for Peace (Agenda), Secretary-General Boutros Boutros-Ghali proposes that part of the solution to the economic problems of the U.N. lies in reconsidering how regional organizations interact with the U.N., a suggestion which revisits a …

A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle

Law and Contemporary Problems

Using the machinery of positive political theory in order to make some sense of legislative intent contains a number of provocative possibilities. Issues that require attention in this theory are addressed.

Post-Enactment Legislative Signals, William Eskridge Jr.

Law and Contemporary Problems

Statutory interpretation, considered from the perspective of positive political theory, yields a number of iconoclastic conclusions. A model suggesting that judges pay attention to legislative history is argued to not present a robust positive theory of the Rehnquist Court's decisions.