Stetson Law Review - 1995

Volume 25 - Issue 2
Limited Liability Company Symposium, Winter 1995

Title (click to download PDF) Author(s) Page  
Edward I. Cutler 253  
Carter G. Bishop 255  
Larry E. Ribstein 311  
Robert R. Keatinge 389  
Claire Moore Dickerson 417  

Volume 25 - Issue 1
Articles, Fall 1995

Title (click to download PDF) Author(s) Page  
Deborah A. Calloway 1  
Robert Perkovich 53  
Thomas C. Marks, Jr. 81  
Jeffrey V. Brown 123  
William Brook Lafferty 137  
Sarah E. Williams 177  
Sarah Long 213  

Volume 24 - Issue 3
Dedication, Summer 1995

Title (click to download PDF) Author(s) 
Congressional Interference with the President's Power to Appoint 
Mr. Wulwick and Dean Macchiarola examine three statutes which attempt to curb the president's constitutional power to appoint individuals to certain offices within his or her administration. They argue that these statutes are unconstitutional and show how these statutes limit the office of the presidency.
Frank J. Macchiarola, Richard P. Wulwick
Choice-of-Law Problems in Florida Courts: A Retrospective on the Restatement (Second) 
Professor Finch explicates the structure and the history of the Restatement (Second) of Conflict of Laws and examines the case law produced by Florida's state and federal courts under the Restatement (Second). He discusses the divergent interpretations of the Restatement and identifies some of the missteps taken by the courts. He also sketches the outlines of a particularly Florida rendition of the Restatement. Finally, Professor Finch argues that the neoterritioralist bent of Florida courts is consonant with, though not commanded by, the Restatement's approach and can ultimately lead to fair and predictable results.
Michael S. Finch
Beyond the Court's Standard Response: Creating an Effective Test for Determining Hostile Work Environment Harassment Under Title VII 
Ms. Buff discusses the case of Harris v. Forklift Systems, Inc., in which the Supreme Court rejected the physiological injury requirement in a Title VII sexual harassment claim. After exploring the history of sexual discrimination claims under Title VII, she criticizes the Harris Court test because it is vague, provides scant guidance to employers, and invites misapplication. She proposes an alternative test which provides a more concrete and workable standard affording better notice to employers and employees of the conduct proscribed by Title VII.
Dawn M. Buff
Carlton v. United States: An Analysis of Retroactive Tax Legislation 
Exploring the case of Carlton v. United States, Ms. Gray discusses the disfavor with which courts originally viewed retroactive tax states and traces the change in opinion among the courts as the federal taxation system became more familiar. She then enumerates and distinguishes the various standards that have been used to analyze due process violations, showing how the Carlton Court diverged from case precedent in articulating its test. Finally, Ms. Gray argues that the Supreme Court should have reaffirmed the preeminence of the traditional due process test found in Welch v. Henry.
Heather Lynn Gray
Does the Presumption of Legitimacy Actually Protect the Best Interests of the Child? 
Ms. Montanari reviews the historical basis for the presumption of legitimacy in paternity suits and explores the case of Department of Health & Rehabilitative Services v. Privette. She argues that Privette should not be construed to mandate the appointment of a guardian ad litem in dissolution actions where the parties stipulate that the husband is not the biological father of a child born or conceived during the marriage. She also suggests various factors that the guardian ad litem should consider in determining if the child's interests would be best served by allowing the presumption to be rebutted.
Kimberly G. Montanari
Volume 24 - Issue 2
Local Government Law Symposium, Spring 1995

Preview of the Tenth Annual National Conference on Labor and Employment Law
Title (click to download PDF) Author(s) 
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
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.
Lucia A. Dougherty, Elliott H. Scherker 
The Beach and Shore Preservation Act: Regulating Coastal Construction in Florida 
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.
Kenneth E. Spahn 
Does Direct Democracy Threaten Constitutional Governance in Florida?
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.
Joseph W. Little 
Toward Principles of State Restraint upon the Exercise of Municipal Power in Home Rule 
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.
George D. Vaubel 
The Scope of Major League Baseball's Antitrust Exemption 
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.
Charles Matthew Burns