Articles
| VOLUME
25 |
Summer 1996
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NUMBER
4 |
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Defensible Exactions After Nollan v. California Coastal Commission and Dolan v. City of Tigard
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Nancy E. Stroud, Susan L. Traverthen |
| The defensibility of land dedications and development fees as conditions to land development permits is the focus of this work. It provides a comprehensive survey of all reported federal cases and selected state cases. Furthermore, it explores the more relevant cases subsequent to Nollan that might indicate how the courts will react to Dolan, as well as the courts' initial reactions to Dolan. A footnote on Florida provides a survey of the reactions of the courts to Nollan and Dolan, and examines how these developments in federal constitutional law will impact Florida's common law of exactions. |
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Mandatory Pro Bono: Cui Bono?
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Debra D. Burke, George W. Mechling, James W. Pearce |
| This Article Reviews the issue of mandatory pro bono and discusses from whose good such a requirements is implemented. The authors then discuss ethical perspectives and examine First Amendment issues regarding mandatory pro bono. After constructing economic models of pro bono proposals and buy-out options, the authors submit that mandatory pro bono appears undirected due to its failure to identify a tangible goal and formulate a carefully tailored plan. |
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The Model Employment Termination Act - META - More Aptly the Menace to Employment Tranquillity Act: A Critique
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Mary Jean Navaretta |
| This Article examines the illusory promise behind the Model Employment Termination Act's claim to provide uniformity, certainty, and predictability in employment law. The author explains how META proposes a regime compromising substantive claims, emasculates managerial discretion and beneficently bestows a cause of action to every employee subject to the Act. META's compromise philosophy does not cure the problems that spurred the termination law debate prior to its adoption. |
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The Florida Legislature Revisits the Regulation and Liability of Sports Agents and Student Athletes
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Linda S. Calvert Hanson |
| The development of Florida law regarding the conduct of the athlete agents recruiting student athletes and its impact on the student athlete and university is the focus of this work. Dr. Calvert Hanson provides a comprehensive overview of unsavory athlete agent practices, focuses on the changes in the licensing process and prohibited conduct for prospective athlete agents under the new Florida law, and concludes with a look at the changes in student athlete liability. The new Florida law demonstrates Florida's continued commitment to lead the nation in curbing the practices of disreputable athlete agents. |
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When Living As Husband and Wife Isn't Enough: Reevaluating Dillon's Close Relationship Test in Light of Dunphy v. Gregor
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David Sampedro |
| Mr. Sampedro discusses the development of the bystander rule as it is applied to negligent infliction of emotional distress. He then explores the extent to which different courts have interpreted the close relationship factor set forth in Dillon v. Legg and which was subsequently restricted in Elden v. Sheldon. He argues that an inflexible, bright-line distinction between married and unmarried individuals wrongfully precludes a legitimate and foreseeable class of plaintiffs from bringing a cognizable cause of action. Utilizing Dunphy v. Gregor, Mr. Sampedro shows how a court can administer a case-by-case analysis to determine what constitutes a close relationship. He asserts that although a familial relationship by blood or marriage may be absent, individuals who have a stable, enduring, substantial, and mutually supportive relationship have a protected interest which the law should recognize. Finally, Mr. Sampedro contends that the factors set forth by the Dunphy Court and those he proposes sufficiently define parameters to permit a trier of fact to decide whether a plaintiff maintained a close relationship with the victim. |
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Russia's Amatuer Justice
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Yevgeny Yevtushenko |
| In the aftermath of the recent democratic reforms that have taken place in Russia, Mr. Yevtushenko examines how shades of Russia's past continue to manifest themselves in present Russian society. While Russia has progressed in opening up its society, it now struggles to cure its once concealed societal defects. |
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The Refusal to Clarify Equivocal Invocations of the Right to Remain Silent: A Cost-Benefit Analysis
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Scott J. Flint |
| In this Note, Mr. Flint examines the history of the Fifth Amendment right against self-incrimination and the Supreme Court's attempt at finding a balance between society's interest in securing reliable confessions and the individual's interests in remaining free from compulsory self-incrimination. In the context of the Supreme Court's decision in Davis v. United States, where the Court held that the police may ignore an individual's equivocal request to have an attorney present during a custodial interrogation, Mr. Flint discusses the lower courts' expansion of this rule. Specifically, Mr. Flint analyzes the Eleventh Circuit's decision in Coleman v. Singletary where the court held that the Davis rule applied to equivocal invocations of the right to remain silent. Criticizing the Eleventh Circuit's decision because it may allow compelled self-incrimination, Mr. Flint concludes by recommending a clarification rule requiring the police to cut off questioning upon any arguable request to stop. |
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