Forward: Prosecution Law Symposium Article
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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.
1999
Invoking Private Property Rights for Environmental Purposes: The Takings Implications of Government-Authorized Aerial Pesticide Spraying Article
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Recommended Citation
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.
Book Review, Diverse Opinions on Biodiversity Article
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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.
Foreward: International Environmental Law Symposium Article
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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.
“Literature as Law”: The History of the Insanity Plea and a Fictional Application within the Law & Literature Canon Article
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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.
Review of Jan de Groof and Hilde Penneman (eds.), The Legal Status of Pupils in Europe Article
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Tim Kaye, Review of Jan de Groof and Hilde Penneman (eds.), The Legal Status of Pupils in Europe, 24 Educ. L. Rev. 208 (1999)Clicking on the button will copy the full recommended citation.
You Done Good, Kid Article
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Rebecca C. Morgan, You Done Good, Kid, 28 Stetson L. Rev. 1009 (1999)Clicking on the button will copy the full recommended citation.
The Rights and Responsibilities of the Modern University: Who Assumes the Risks of College Life? Book
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Peter Lake and Robert D. Bickel, The Rights and Responsibilities of the Modern University: Who Assumes the Risks of College Life? (1st ed., Carolina Academic Press, 1999)Clicking on the button will copy the full recommended citation.
Infant Class Sizes in the New Admissions Framework: A Devolution of Power Article
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Tim Kaye, Infant Class Sizes in the New Admissions Framework: A Devolution of Power, 11 Educ. & L. 253 (1999)Clicking on the button will copy the full recommended citation.
It was one of the major planks of the Blair government's legislative programme that it would set a limit on school class sizes for the youngest children. Whilst the objective of reducing class sizes no doubt has much to recommend it from the point of view of raising educational standards, it is also inevitable that parental choice of school, already emasculated, will be limited even further. It is particularly likely to be borne out in practice wherever governing bodies and Head Teachers are insufficiently aware of the ramifications of all the other rules and regulations enacted alongside the '30 pupil' limit. Nevertheless, it will be argued in this essay that, if Head Teachers and governing bodies are prepared to persevere with the small print of the Act and the extraordinarily convoluted regulations and departmental Codes of Practice, circulars and guidance issued along with it, then there is a case for saying that the new infant class size limit can - when coupled with other changes in the law introduced by SSFA 1998 - sometimes be used as a tool both to increase the devolution of power down to individual schools and to improve parental choice.
Academic Judgement, the University Visitor and the Human Rights Act 1998 Article
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Tim Kaye, Academic Judgement, the University Visitor and the Human Rights Act 1998, 11 Educ. & L. 165 (1999)Clicking on the button will copy the full recommended citation.
Students have proved increasingly willing to challenge academic judgements in court, and the passage into English law of the Human Rights Act 1998 is likely to have a major bearing on future challenges. The Act will make it unlawful for a public authority (including both a university and the courts) to act in a way which is incompatible with many of the provisions in the European Convention on Human Rights (and the Protocols attaching thereto). It will also permit a victim of such unlawfulness to bring proceedings in an appropriate court or tribunal, whether in the High Court as part of an application for judicial review or as an ordinary civil action for negligence or breach of contract. The court will have the power to grant whatever remedy it considers to be just and equitable, including an award of damages where it feels such an award to be appropriate. This could have significant consequences for the use of the Visitor in chartered universities as the final arbiter in disputes over academic judgments. For the Visitor does not conduct hearings in public and often fails to follow any recognised procedure. It may even be doubted whether the Visitor can be said to be truly independent of the institution against whose decision the student is appealing. In future, therefore, universities may have to be prepared to justify any marks awarded in the public forum of the courtroom.