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Articles 3961 - 3990 of 4213
Full-Text Articles in Public Law and Legal Theory
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.
Promise Fulfilled And Principle Betrayed, James J. White
Promise Fulfilled And Principle Betrayed, James J. White
Articles
My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …
Law And Sex, Christina B. Whitman
Law And Sex, Christina B. Whitman
Reviews
In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate …
Jurisprudence And Gender, Robin West
Jurisprudence And Gender, Robin West
Georgetown Law Faculty Publications and Other Works
What is a human being? Legal theorists must, perforce, answer this question: jurisprudence, after all, is about human beings. The task has not proven to be divisive. In fact, virtually all modern American legal theorists, like most modern moral and political philosophers, either explicitly or implicitly embrace what I will call the "separation thesis" about what it means to be a human being: a "human being," whatever else he is, is physically separate from all other human beings. I am one human being and you are another, and that distinction between you and me is central to the meaning of …
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West
Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West
Georgetown Law Faculty Publications and Other Works
How do we form communities? How might we form better ones? What is the role of law in that process? In a recent series of books and articles, James Boyd White, arguably the modern law and literature movement's founder, has put forward distinctively literary answers to these questions. Perhaps because of the fluidity of the humanities, White's account of the nature of community is not nearly as axiomatic to the law and literature movement as is Posner's depiction of the "individual" to legal economists. Nevertheless, White's conception is increasingly representative of the literary-legalist's world view. Furthermore, with the exception of …
The Authoritarian Impulse In Constitutional Law, Robin West
The Authoritarian Impulse In Constitutional Law, Robin West
Georgetown Law Faculty Publications and Other Works
Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …
An Interested Response To A "Wholly Disinterested Assessment": Lebel On Summers On Lebel On Summers On ….Er…Um…Oh, Yeah…Fuller, Paul A. Lebel
An Interested Response To A "Wholly Disinterested Assessment": Lebel On Summers On Lebel On Summers On ….Er…Um…Oh, Yeah…Fuller, Paul A. Lebel
Michigan Law Review
In 1985, I published in the Michigan Law Review a review of a recent book by Professor Robert S. Summers on the legal philosophy of Lon Fuller. Professor Summers has published in the Cornell Law Review an ironically titled criticism of my review and of another review. In a number of respects, Professor Summers' Assessment has served to increase my understanding of his book, and I trust that other readers will be similarly benefited. Although Professor Summers' response to my review of his book takes issue with what I said on a number of points, I strongly suspect that few …
Public Interest Organizations, J. Jacobson
Public Interest Organizations, J. Jacobson
California Regulatory Law Reporter
No abstract provided.
Punishment: Desert And Crime Control, Ernest Van Den Haag
Punishment: Desert And Crime Control, Ernest Van Den Haag
Michigan Law Review
A Review of Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals by Andrew von Hirsch
The Corporate Practice Of Medicine Doctrine: An Anachronism In The Modern Health Care Industry, Jeffrey F. Chase-Lubitz
The Corporate Practice Of Medicine Doctrine: An Anachronism In The Modern Health Care Industry, Jeffrey F. Chase-Lubitz
Vanderbilt Law Review
Corporations, in the form of small, doctor-owned, proprietary hospitals and community or charity nonprofit hospitals, have pervaded the provision of health care services for many years. Recently, however, private, for-profit corporations increasingly have entered the health care field. One industry expert predicts that by the mid-1990s, ten national firms will provide fifty percent of the nation's medical care. Nationwide hospital chains, nonexistent twenty years ago, now own or manage twelve percent of the nation's hospitals. The proliferation of health maintenance organizations, freestanding emergency centers,' and other proprietary health care delivery systems exemplify the increased commercialization of medicine. Indeed, many young …
Public Interest Organizations, J. Jacobson
Public Interest Organizations, J. Jacobson
California Regulatory Law Reporter
No abstract provided.
Some Realism About Critical Legal Studies, Michael Fischl
Some Realism About Critical Legal Studies, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A Samek, Richard F. Devlin Frsc
Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A Samek, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Despite some lingering reservations, after a reading and re-reading, analysis and counter-analysis, critique, reflection and synthesis of over thirty articles and two books, I now feel comfortable with Samek's work and confident enough to present this reconstruction of his theory in order that his thoughts will be more accessible to those who might be interested
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.