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Public Law and Legal Theory Commons™

Open Access. Powered by Scholars. Published by Universities.®

1998

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Articles 31 - 42 of 42

Full-Text Articles in Public Law and Legal Theory

Responsibility In The Media, Hugh Stevens Jan 1998

Responsibility In The Media, Hugh Stevens

University of Florida Journal of Law & Public Policy

No abstract provided.


Journalism, Rational Subjectivity, And Democracy, Elliot D. Cohen Jan 1998

Journalism, Rational Subjectivity, And Democracy, Elliot D. Cohen

University of Florida Journal of Law & Public Policy

No abstract provided.


Freedom Of The Press: An Inalienable Right Or A Privilege To Be Earned?, Jane E. Kirtley Jan 1998

Freedom Of The Press: An Inalienable Right Or A Privilege To Be Earned?, Jane E. Kirtley

University of Florida Journal of Law & Public Policy

No abstract provided.


Governmental Immunity And Taxation In Florida, David M. Hudson Jan 1998

Governmental Immunity And Taxation In Florida, David M. Hudson

University of Florida Journal of Law & Public Policy

No abstract provided.


Marriage And Divorce: Degrees Of "I Do," And Analysis Of The Every-Changing Paradigm Of Divorce, Nicole D. Lindsey Jan 1998

Marriage And Divorce: Degrees Of "I Do," And Analysis Of The Every-Changing Paradigm Of Divorce, Nicole D. Lindsey

University of Florida Journal of Law & Public Policy

No abstract provided.


Reno V. Aclu: Establishing A First Amendment Level Of Protection For The Internet, Rebecca Jakubcin Jan 1998

Reno V. Aclu: Establishing A First Amendment Level Of Protection For The Internet, Rebecca Jakubcin

University of Florida Journal of Law & Public Policy

No abstract provided.


The Creation Of A Cause Of Action For Negligent Stillbirth, Tanner V. Hartog, 696 So. 2d 705 (Fla. 1997)), Shelly Kohler Jan 1998

The Creation Of A Cause Of Action For Negligent Stillbirth, Tanner V. Hartog, 696 So. 2d 705 (Fla. 1997)), Shelly Kohler

University of Florida Journal of Law & Public Policy

No abstract provided.


The Impact Of The Unfunded Mandates Reform Act Of 1995 On Tribal Governments, Eileen M. Luna Jan 1998

The Impact Of The Unfunded Mandates Reform Act Of 1995 On Tribal Governments, Eileen M. Luna

American Indian Law Review

No abstract provided.


Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender Jan 1998

Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender

Faculty Articles

Although much has been written about Oregon's unique legacy of public privilege to use private beaches, scholarship has tended to focus on articulation as well as spirited critique of the custom doctrine. More recently, commentators have addressed the question of whether the public's beach rights can withstand scrutiny under the constitutional takings doctrine. In contrast, this article assumes that the custom doctrine is sufficiently embedded in Oregon's history and case law as precedent to withstand reconsideration of the doctrine and to constitute a background principle of state law for purposes of the takings doctrine. With these assumptions, the article examines …


The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller Jan 1998

The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller

Articles

Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries …


The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman Jan 1998

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Compensation And The Interconnectedness Of Property, Thomas W. Merrill Jan 1998

Compensation And The Interconnectedness Of Property, Thomas W. Merrill

Faculty Scholarship

Professor Joseph Sax's scholarship on the Takings Clause combines the craft of a first-class lawyer with the passion of a visionary. The good lawyer that he is, Sax's scholarship reflects a deep understanding of Supreme Court case law, legal history, and the practical dimensions of various kinds of land use disputes. Yet his work on takings is not animated by any desire for mere doctrinal tidiness. It is driven by a distinctive vision – one in which the earth's resources are becoming increasingly interconnected and in which there is an increasing need for the government to resolve conflicts regarding the …