Law and Society Commons^™

Law And Economics: A Policy Analysis Of A Proposed Alachua County Greenbelt Plan, Jorge Guira

University of Florida Journal of Law & Public Policy

This essay outlines the various attributes of law and economics jurisprudence and applies these tenets to a proposed Alachua County greenbelt plan. The essay’s first section discusses the assumptions and main themes of the law and economics school of thought. This section develops the theorical underpinnings that economists use to analyze legal issues. The second section analyzes the policy implications of the law and economics approach and its application to an Alachua County Greenbelt Proposal. The paper concludes with a brief summary of the essay’s primary findings.

Family Law: The Ancient Doctrine Of Necessaries And A Wife's Avoidance Of Her Husband's Debts, Gary W. Powell

University of Florida Journal of Law & Public Policy

No abstract provided.

Editor's Dedication, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.

The Economics Of Linkage Fees, Forrest Huffman, Marc T. Smith

University of Florida Journal of Law & Public Policy

This commentary takes a brief look at some of the major issues confronting the use of linkage fees. The first section addresses the legal issue of whether there is a “rational nexus” between commercial development and a reduction in the supply of affordable housing. The next section discusses two related topics: (1) what market factors made linkage programs in some area of the country successful; and (2) whether linkage programs are viable in depressed office markets. This section also outlines the market effects of linkage fees. Developers may respond to linkage fees in a number of ways that adversely affect …

A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

Many counties in Florida are currently in the process of developing new wetlands protection ordinances, or revising old ones. While public policy supports strict regulation of activities in wetlands, many counties are reluctant to adopt restrictive ordinances because of the potential for large damage awards if the regulations are later found to be temporary takings. Recent Supreme Court case law has upheld the payment of compensation as an appropriate remedy for overly restrictive land use regulations compounding the fears of local governments. This paper summarizes the legal implications of a Model Wetlands Protection Ordinance developed by the author. In particular, …

Impact Fees, Housing Costs, And Housing Affordability: Who Bears The Impact Of Impact Fees?, Charles J. Delaney

University of Florida Journal of Law & Public Policy

This paper addresses the theoretical relationship between impact fees and housing affordability for moderate and middle income groups. The paper begins with an overview of the results of various impact fee studies. Included in this section are discussions of the short and long term effects of impact fees and who bears the incidence of impact fees. The paper then presents a model that demonstrates the effects of impact fees on housing costs using data from two Florida cities. The paper concludes that market supply and demand for housing determine which parties—builders, buyers or landowners—bear the burden of impact fee. This …

The Supreme Court's 1987 "Takings" Triad: An Old Hat In A New Box Or A Revolution In Takings Law?, Michael Simon

University of Florida Journal of Law & Public Policy

This paper presents an overview of the Supreme Court’s 1987 takings cases and their impact on land use regulation. The paper begins with an overview of the development of takings jurisprudence focusing on the two contrasting approaches the Supreme Court developed early in this century. Next, the paper discusses the Court’s recent takings cases through the 1986-87 term. The paper then presents an overview of the Court’s 1987 decisions. Finally, this section discusses the impact these cases will have on land use regulation.

Municipal Immunity From Antitrust Liability: Recognition Of A Broad Welfare Exemption, Matt Farmer, Kathy Gaertner

University of Florida Journal of Law & Public Policy

No abstract provided.

Public Welfare: Florida Counties Have No Duty To Provide Indigents With Post-Emergency Medical Care, Kendall Almerico

University of Florida Journal of Law & Public Policy

No abstract provided.

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.

Moral Discourse And The Transformation Of American Family Law, Carl E. Schneider

Michigan Law Review

Family law has undergone momentous change in recent decades. In this Article, Professor Schneider proposes that the transformation in family law can be understood as a diminution in the law's discourse in moral terms about the relations between family members and as a transfer of moral decisions from the law to the people the law once regulated. Professor Schneider identifies countertrends and limits to the changes he describes, and then investigates the reasons for the changes. He hypothesizes that four forces helped change family law and moral discourse within family law: the legal tradition of noninterference in family affairs; the …

Authority, Autonomy, And Choice: The Role Of Consent In The Moral And Political Visions Of Franz Kafka And Richard Posner, Robin West

Georgetown Law Faculty Publications and Other Works

In "The Ethical and Political Basis of Wealth Maximization" and two related articles, Professor (now Judge) Richard Posner argues that widely shared pro-autonomy moral values are furthered by wealth-maximizing market transfers, judicial decisions, and legal institutions advocated by members of the "law and economics" school of legal theory. Such transactions, decisions, and institutions are morally attractive, Posner argues, because they support autonomy; wealth-maximizing transfers are those to which all affected parties have given their consent. This Article argues that Posner's attempt to defend wealth-maximization on principles of consent rests on a simplistic and false psychological theory of human motivation. Posner's …

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

1981-1982 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Boards – p. 4

Yeshiva University – p. 4

Benjamin N. Cardozo School of Law – p. 4

University Administration – p. 5

Benjamin N. Cardozo School of Law (Overview) – p. 7

A Message From the Dean – p. 7

Administration – p. 9

Faculty – p. 10

Adjunct Faculty – p. 20

Yeshiva University: History and Purpose – p. 23

Benjamin N. Cardozo School of Law: History and Purpose – p. 25

Program – p. 27

Degree Requirements – p. 28

Ethical and Professional Standards – p. 28

Admissions – p. 29

Student Finances – p. 31 …

The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau

Seattle University Law Review

Legal philosophers, especially of the positivist variety, traditionally have assumed that the proponents of natural law theory present too facile an answer to the vexed question of whether an unjust law can be said to exist when it is duly sanctioned by legal and political authority. If not disappointed by the answer itself, they have been most unhappy with the explanation that accompanies it and, indeed, are prepared to challenge the very foundations of a theory of law which pays so little heed—either empirically or in terms of pure logic—to the actual operations of existing legal systems. Kant initiated the …