Legislation Commons^™

Tightening The Defense Against Offensive Sports Agents, Charles W. Ehrhardt, J. Mark Rodgers

Florida State University Law Review

No abstract provided.

The Fragility Of Good Ideas: A Case For Abolishing Sunset Review Of Florida's Motor Vehicle Manufacturing Licensing Statute, Barbara Balzer

Florida State University Law Review

"How did I get here? Somebody pushed me. Somebody must have set me off in this direction and clusters of other hands must have touched themselves to the controls at various times, for I would not have picked this way for the world."¹

Florida's Uniform Trade Secrets Act, Susan C. Miller

Florida State University Law Review

No abstract provided.

Motor Vehicle Insurance Reform: Revisiting The Uninsured Driver, Robert A. Henderson, Patrick F. Maroney

Florida State University Law Review

The Florida Legislature in 1988 addressed problems regarding uninsured motorists by passing the Motor Vehicle Insurance Reform Act of 1988. In this Article, the authors analyze the problems and the Legislature's latest attempt to solve them. The authors detail the specific mechanisms designed to eliminate financially irresponsible motorists in Florida, and explain the various policy considerations behind the enactments.

New Regulations For Motor Vehicle Manufacturers And New Protections For Their Franchisees, Mary E. Haskins, Walter E. Forehand

Florida State University Law Review

Sections 320.60 and 320.70, Florida Statutes, regulate the business relationships between motor vehicle manufacturers and their dealers. In this Article, the authors discuss the 1988 Florida Legislature's reenactment and comprehensive revision of the franchise protection scheme. While some scholars have advocated discontinuing the statutory regulation of motor vehicle manufacturers and their franchisees, Ms. Haskins and Dr. Forehand take a contrary position: that extension of the regulatory scheme will provide franchisees with more protections from unfair business practices than otherwise would be available, and may have the salutary effect of injecting a degree of certainty into an area which has heretofore …

The Victims' Rights Act Of 1988, The Florida Constitution, And The New Struggle For Victims' Rights, Patrick B. Calcutti

Florida State University Law Review

No abstract provided.

Foreword: The 1988 Legislative Session, Tom Gustafson

Florida State University Law Review

No abstract provided.

Florida's Omnibus Aids Act Of 1988, Robert Craig Waters

Florida State University Law Review

In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law. In this Article, the author examines each of these areas, suggests the most likely interpretation the courts will accord the new provisions, and makes recommendations to correct oversights and inconsistencies in existing laws.

No Liability For The Wrongful Death Of Unborn Children -- The Florida Legislature Refuses To Protect The Unborn, T. A. Borowski, Jr.

Florida State University Law Review

No abstract provided.

Medical Malpractice: A New Treatment For An Old Illness, Thomas R. Tedcastle, Marvin A. Dewar

Florida State University Law Review

The rising cost of medical malpractice insurance has been one of the most difficult issues faced by the Florida Legislature for many years. In an effort to reach a comprehensive solution to this recurring problems, the 1986 Legislature created the Academic Task Force for the Review of the Insurance and Tort Systems, and directed it to conduct a thorough review of Florida's tort system. In 1988, the Legislature implemented several of the recommendations of the Task Force. In this Article, the authors explore the factual findings and the recommendations of the Task Force and analyze the effects that the 1988 …

Assembly Office Of Research, K. Gleason Huss, L. Jackson

California Regulatory Law Reporter

No abstract provided.

Another Case For The Removal Of Florida's Motor Vehicle Manufacturer-Dealer Franchise Trade Regulation From Periodic Sunset Review -- A Comment On Balzer, William Owen

Florida State University Law Review

No abstract provided.

General Legislation, R. Nichols

California Regulatory Law Reporter

No abstract provided.

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …

Transferable Public Rights: Reconciling Public Rights And Private Property, Michael Neiderbach

Buffalo Law Review

No abstract provided.

Pawnbroking On Parade, Jarret C. Oeltjen

Buffalo Law Review

No abstract provided.

Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Farber identifies three issues which lie at the heart of Patterson: Must statutes be construed to conform to the intent of the drafters? Does legislative inaction provide reliable guidance to interpreters of statutes? And should the nature of the claim at issue - here a claim of civil rights - influence the interpreters? On this last point, Professor Farber argues that public values must be relevant to statutory interpretation and that judges …

Interpreting Legislative Inaction, William N. Eskridge Jr.

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. In this article, Professor Eskridge addresses the issue of how legislative inaction should affect statutory interpretation. He begins by constructing a detailed analysis of the Court's legislative inaction cases, arguing that the case law is much more coherent than previous analysts have suggested. Professor Eskridge then considers Justice Scalia's critique of that case law and provides support for Justice Scalia's views by distinguishing actual and presumed legislative intent, arguing that, based on a conception …

Updating Statutory Interpretation, T. Alexander Aleinikoff

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.

Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood

West Virginia Law Review

No abstract provided.

The Question Of Succession In New York City: Who Has The Right To Renew A Rent-Stabilized Lease?, S. Emy Poulad

Cardozo Law Review

No abstract provided.

A Proposal For A Federal Takeover Law, Elliot J. Weiss

Cardozo Law Review

No abstract provided.

Assembly Office Of Research, C. Traxler, M. Livingston

California Regulatory Law Reporter

No abstract provided.

General Legislation, J. Ferguson

California Regulatory Law Reporter

No abstract provided.

The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia

Fisheries Management Papers

In June 1987 under the Offshore Constitution Settlement (OCS), the Australian and West Australian State Governments completed the first stage of rationalising jurisdiction over a number of fisheries operating off the West Australian coast.

Arrangements under the OCS for West Australian fisheries fall into three catagories:

1. fisheries managed by the State under State law as far seaward as the arrangement specifies.

2. fisheries managed by the West Australian Fisheries Joint Management Authority under State laws in waters were the arrangement applies.

3. fisheries managed by the Commonwealth under Commonwealth law in waters where the arrangement applies.

Eleven of the …

Teaching Legislative Drafting: A Simulation Approach, Barry Jeffrey Stern

Journal of Legal Education

No abstract provided.

Survey Of Recent Developments In Indian Water Law: Litigation And Negotiations, Jeanne S. Whiteing

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

104 pages.

Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

43 pages.

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.

Mineral Leasing In Indian Country, Reid Peyton Chambers

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

9 pages.

Contains footnotes.