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University of Florida Levin College of Law

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Full-Text Articles in Public Law and Legal Theory

Law And Economics: A Policy Analysis Of A Proposed Alachua County Greenbelt Plan, Jorge Guira Jan 1987

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.

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Family Law: The Ancient Doctrine Of Necessaries And A Wife's Avoidance Of Her Husband's Debts, Gary W. Powell Jan 1987

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.

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Editor's Dedication, Scott D. Makar Jan 1987

Editor's Dedication, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Economics Of Linkage Fees, Forrest Huffman, Marc T. Smith Jan 1987

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 …

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A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo Jan 1987

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, …

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Impact Fees, Housing Costs, And Housing Affordability: Who Bears The Impact Of Impact Fees?, Charles J. Delaney Jan 1987

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 …

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

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.

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Municipal Immunity From Antitrust Liability: Recognition Of A Broad Welfare Exemption, Matt Farmer, Kathy Gaertner Jan 1987

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.

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Public Welfare: Florida Counties Have No Duty To Provide Indigents With Post-Emergency Medical Care, Kendall Almerico Jan 1987

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.

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Egoism, Altruism, And Market Illusions: The Limits Of Law And Economics, Jeffrey L. Harrison Jun 1986

Egoism, Altruism, And Market Illusions: The Limits Of Law And Economics, Jeffrey L. Harrison

UF Law Faculty Publications

The primary objective of this Article is to question assumptions in order to show that the conventional economic approach to law and public policy has limited value. The arguments are founded on empirical evidence drawn from many fields of study. An underlying theme is that the current application of economic analysis to law should be regarded as an interim step toward the integration of law with the behavioral, natural, and social sciences.

Part I describes the two forms of the self-interest assumption more completely. This examination reveals that economics and the separate study of law and economics are caught in …

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