Admissions Law School
   HOME | ALUMNI | FACULTY/STAFF | STUDENTS | PROSPECTIVE STUDENTS | GENERAL |    NEWS    | VISITORS
 >STETSON LAW REVIEW
ISSUES
 >Current Issue
 >Back Issues
 >NCLR 2000 V30-2
 >Upcoming Issues
Editorial Board
 >Board and Bios
INFORMATION
STETSON LAW REVIEW - 24-2 Spring; (1995)

Local Government Law Symposium
VOLUME 24 Spring 1995 NUMBER 2
Preview of the Tenth Annual National Conference on Labor and Employment Law

Local Government Law Symposium - Introduction John J. Copelan, Jr.

Rights, Remedies, and Ratiocination: Toward a Cohesive Approach to Appellate Review of Land Use Orders After Board of County Commissioners v. Snyder Lucia A. Dougherty, Elliott H. Scherker
Ms. Dougherty and Mr. Scherker discuss the effect which Board of County Commissioners v. Snyder has had on judicial review of land use decisions. They analyze the history of certiorari review and explore unique provisions for appellate review prescribed by special acts and local ordinances. Finally, they establish that common law certiorari is the only available remedy for first-level appellate review of site-specific orders and offer a proposal for implementing Snyder's principles.

The Beach and Shore Preservation Act: Regulating Coastal Construction in Florida Kenneth E. Spahn
Mr. Spahn presents an overview of the Beach and Shore Preservation Act, including the history of the Act and its regulations, violation provisions, exceptions, and notice requirements. He then addresses the administrative permitting and review procedures and analyzes relevant case law. He concludes with a critical analysis of the Act, determining it accomplishes the objectives of preserving Florida's beach/dune system and protecting artificial structures.

Does Direct Democracy Threaten Constitutional Governance in Florida? Joseph W. Little
Professor Little discusses citizens' initiatives to amend the Florida Constitution and addresses the criticism that the amendment process is being overused. He analyzes the purposes and history of amendment by initiative and then offers concrete proposals to revise the process to ensure that only amendments of constitutional caliber reach the ballot.

Toward Principles of State Restraint upon the Exercise of Municipal Power in Home Rule George D. Vaubel
Professor Vaubel concludes his series of articles concerning the exercise of home rule municipal power by discussing conflict between state and local regulations and considering the dynamics of state/local fiscal relations. In the first part of the article, he distinguishes conflict from preemption and proposes that municipalities be allowed to exercise any legislative power that is not in conflict with state regulations. He then addresses municipal fiscal power and the strict state control provisions over that power.

The Scope of Major League Baseball's Antitrust Exemption Charles Matthew Burns
Mr. Burns explores the rent cases of Piazza v. Major League Baseball and Butterworth v. National League of Professional Baseball Clubs, which resulted from the failed effort to bring the San Francisco Giants to Tampa Bay. He examines how federal and state courts' differing interpretations of Major League Baseball's antitrust exemption have, throughout the years, transformed the exemption. After critically analyzing the history and scope of baseball's exemption, Mr. Burns concludes that courts should only narrowly apply the scope of the exemption.

Stetson Law Review • 1401 61st Street South • Gulfport, Florida 33707
phone: (727) 562-7800 ext. 7955 • fax: (727) 347-4873 • lrmarked@law.stetson.edu

Law School, Law Schools

Stetson University College of Law
1401 61st Street South Gulfport, Florida 33707-3299
727-562-7800
Tampa Law Center
1700 North Tampa Street Tampa, Florida 33602
Stetson University - DeLand

Copyright ©1995-2009 All rights reserved
Questions: info@law.stetson.edu
Web site questions only: webmaster@law.stetson.edu

Law School, Law Schools
Law School