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Articles 541 - 569 of 569
Full-Text Articles in Law and Society
The United States Sentencing Guidelines: Has Sentencing Overstepped Separation Of Powers?, Laura A. Eidson
The United States Sentencing Guidelines: Has Sentencing Overstepped Separation Of Powers?, Laura A. Eidson
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: The Impact Of The Freedom Of The Press On Contractual Obligations, Dale Parker
Constitutional Law: The Impact Of The Freedom Of The Press On Contractual Obligations, Dale Parker
University of Florida Journal of Law & Public Policy
No abstract provided.
Certificate Of Need: Background And Review Of Recent Changes In Florida Law, Benjamin Gross
Certificate Of Need: Background And Review Of Recent Changes In Florida Law, Benjamin Gross
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: Closing The Schoolhouse Gate On The First Amendment, Amy Fischer
Constitutional Law: Closing The Schoolhouse Gate On The First Amendment, Amy Fischer
University of Florida Journal of Law & Public Policy
No abstract provided.
Do Courts Set Economic Policy?, Ben F. Overton
Do Courts Set Economic Policy?, Ben F. Overton
University of Florida Journal of Law & Public Policy
No abstract provided.
Trial Judges And Political Elections: A Time For Re-Examination, Ben F. Overton
Trial Judges And Political Elections: A Time For Re-Examination, Ben F. Overton
University of Florida Journal of Law & Public Policy
No abstract provided.
Antitrust Treatment Of Hospital Mergers, Roger D. Blair, James M. Fesmire
Antitrust Treatment Of Hospital Mergers, Roger D. Blair, James M. Fesmire
University of Florida Journal of Law & Public Policy
No abstract provided.
How Hospitals Compete: A Review Of The Literature, J. Michael Woolley, H. E. Frech Iii
How Hospitals Compete: A Review Of The Literature, J. Michael Woolley, H. E. Frech Iii
University of Florida Journal of Law & Public Policy
No abstract provided.
Can Chakrabarty Survive The "Harvard Mouse?", Joanne Eichelberger Siebold
Can Chakrabarty Survive The "Harvard Mouse?", Joanne Eichelberger Siebold
University of Florida Journal of Law & Public Policy
No abstract provided.
Chakrabarty's Progeny: Genetic Engineering And The Law, E. L. Roy Hunt
Chakrabarty's Progeny: Genetic Engineering And The Law, E. L. Roy Hunt
University of Florida Journal of Law & Public Policy
No abstract provided.
Comparable Worth And Its Relevance To Nursing, Karolyn L. Godbey
Comparable Worth And Its Relevance To Nursing, Karolyn L. Godbey
University of Florida Journal of Law & Public Policy
No abstract provided.
Regulation Of Health Care Costs: The Implications Of The Prospective Payment Reimbursement System, Martin F. Grace, Jean M. Mitchell
Regulation Of Health Care Costs: The Implications Of The Prospective Payment Reimbursement System, Martin F. Grace, Jean M. Mitchell
University of Florida Journal of Law & Public Policy
No abstract provided.
Does Medical Peer Review Immunity Exist After Patrick V. Burget? A Review Of The Legal Fundamentals, F. M. Langley
Does Medical Peer Review Immunity Exist After Patrick V. Burget? A Review Of The Legal Fundamentals, F. M. Langley
University of Florida Journal of Law & Public Policy
No abstract provided.
Torts: Florida's Medical Peer Review Law Prohibits Discovery Of Peer Review Committee Records, John F. Germany Jr.
Torts: Florida's Medical Peer Review Law Prohibits Discovery Of Peer Review Committee Records, John F. Germany Jr.
University of Florida Journal of Law & Public Policy
No abstract provided.
Land Use Planning In Palm Beach County: The Planning Process And Legal Issues, Thomas J. Baird
Land Use Planning In Palm Beach County: The Planning Process And Legal Issues, Thomas J. Baird
University of Florida Journal of Law & Public Policy
This article examines Article VII of the Palm Beach County Charter (Charter) and its provisions including the operation of the Palm Beach County Planning Council (Planning Council). Second, the article discusses important legal issues related to the Planning Council’s operations and stated purposes. Article VII contains key elements that define the Planning Council’s role and authority in countywide planning issues. The article reviews pertinent case law and statutes and suggests how the resolution of these issues could occur. The article concludes that the Planning Council should broadly exercise its power to increase the effectiveness of the planning process in Palm …
Inclusionary Zoning And Linkage: Land Use Planning Techniques In An Age Of Scarce Public Resources, Paul S. Quinn Jr.
Inclusionary Zoning And Linkage: Land Use Planning Techniques In An Age Of Scarce Public Resources, Paul S. Quinn Jr.
University of Florida Journal of Law & Public Policy
This paper discusses the historical development of inclusionary zoning and linkage and the reasons why both techniques are important issues for land use planning. Next, the paper examines current linkage programs in Boston and Miami, which have served as model programs throughout the nation. The paper also addresses the constitutional challenges to linkage and the merits of each argument. Finally, guidelines for a successful linkage program are explained with an analysis of ways to survive constitutional challenges. The paper concludes the linkage programs are necessary if current economic trends continue and affordable housing becomes even more scarce in the future.
Dedication, Chesterfield Smith
Dedication, Chesterfield Smith
University of Florida Journal of Law & Public Policy
No abstract provided.
Judicial Decision-Making In Florida's Appellate Courts, Stephen H. Grimes
Judicial Decision-Making In Florida's Appellate Courts, Stephen H. Grimes
University of Florida Journal of Law & Public Policy
No abstract provided.
Introduction, Julian C. Juergensmeyer
Introduction, Julian C. Juergensmeyer
University of Florida Journal of Law & Public Policy
Over the past decade, the State of Florida—its environment sensitive, its population exploding, and its economy expanding—has pioneered innovative land planning and development regulation law. Our Local Government Comprehensive Planning and Land Development Regulation Act, State Comprehensive Plan Act, Environmental Land and Water Management Act, and Regional Planning Council Act are considered models in many American states and even in foreign countries. The Growth Management Act of 1985 is unique in providing for a statewide planning framework that strengthens our major land use regulation and environmental protections laws and requires consistency between all state, regional, and local planning activities.
Legislation, …
Law And Economics: A Policy Analysis Of A Proposed Alachua County Greenbelt Plan, Jorge Guira
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
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
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
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
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
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
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
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
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 Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon E. Rush
The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon E. Rush
UF Law Faculty Publications
Developing a framework for analyzing children's rights issues is difficult due to the inherent tension between individual freedom and the traditional role of the family in society. The United States Supreme Court has failed to use a consistent framework in resolving conflicts among the child, parent, and the state. Because increasingly complex and controversial children's rights issues are arising, a consistent framework must be developed to assist courts adjudicating these conflicts. This Article proposes a methodology for resolving state-parent-child conflicts. This methodology reduces each state-parent-child conflict to either a state-parent or a state-child controversy. Under this framework, children are treated …