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Paul Boudreaux, Book Review, Environmental Costs, Benefits, and Values: A Review of Daniel Farber’s Eco-Pragmatism, 13 Tulane Envtl. L. Journal 125 (1999)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, An Individual Preference Approach to Suburban Racial Segregation, 27 Fordham Urb. L.J. 533 (1999)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, Forward: Prosecution Law Symposium, 29 Stetson L. Rev. 1 (1999)Clicking on the button will copy the full recommended citation.
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James W. Fox, Citizenship, Poverty, and Federalism: 1787-1882, 60 U. Pitt. L. Rev. 421 (1999)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Invoking Private Property Rights for Environmental Purposes: The Takings Implications of Government-Authorized Aerial Pesticide Spraying, 18 Stanford Envtl. L. Journal 65 (1999)Clicking on the button will copy the full recommended citation.
Part II of this article summarizes the history of medfly eradication efforts in the United States and the events surrounding Florida's 1997 infestation and eradication experience. Part III reviews private property rights in light of physical takings cases. Applying the principles examined in Part III to wide-scale aerial pesticide spraying, Part IV explains why these invasions constitute takings, despite their minimal size and limited duration. Part IV also examines the possible government defenses of nuisance and necessity, and notes the difference between governmental intervention to protect public health and safety and invasive action to protect a specific industry. Part V assesses the implications of a takings challenge to wide-scale aerial pesticide spraying.
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Royal C. Gardner, Book Review, Diverse Opinions on Biodiversity, 6 Tulsa Journal of Comparative and International Law 303 (1999)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Foreward: International Environmental Law Symposium, 28 Stetson L. Rev. 1031 (1999)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Casting Aside the Tulloch Rule, reprint, 10 Environmental Litigation Committee Newsletter 11 (1999)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose, “Literature as Law”: The History of the Insanity Plea and a Fictional Application within the Law & Literature Canon, 72 Temp. L. Rev. 383 (1999)Clicking on the button will copy the full recommended citation.
The article presents: (1) a history of the law & literature canon; (2) a substantive analysis and review of the insanity plea from its "Old English" origins through its development in the United States, in general and New York state, in particular -- including relevant quantitative studies of the usage of the plea and, (3) an application of the insanity plea within the law & literature canon.
The article takes a novel approach to the law & literature canon by reviewing a piece of literature as though it were the facts of a criminal murder trial. The phrase "literature as law" has been coined by the author to describe this analytical process. The article culminates in a presentation of relevant law in the fictitious murder trial of the protagonist from the literary novel reviewed which is situated in New York state. The purpose of the article is to illustrate the dichotomy between the actuality of the insanity plea and criminal proceedings in law and their fictional application to literature.
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Cynthia Hawkins DeBose, Book Review, Peter Duff & Neil Hutton (Eds.), Criminal Justice in Scotland, 9 Law & Pol'y Book Reviews 554 (1999)Clicking on the button will copy the full recommended citation.