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