Category Archives: Criminal Law

Elizabeth R. Sheyn, Toward a Specific Intent Requirement in White Collar Crime Statutes: How the Patient Protection and Affordable Care Act of 2010 Sheds Light on the “General Intent Revolution”

The recent passage of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively, ACA), has altered the landscape of health care and health insurance. However, it has … Continue reading

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Nancy Leong, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream

American culture is steeped in the mythology of the open road. In our collective imagination, the road represents freedom, escape, friendship, romance, and above all, the possibility for a better life. But our shared dream of the open road comes … Continue reading

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R. Michael Cassidy & Gregory I. Massing, The Model Penal Code’s Wrong Turn: Renunciation as a Defense to Criminal Conspiracy

While the Model Penal Code was certainly one of the most influential developments in criminal law in the past century, the American Law Institute (ALI) took a seriously wrong turn by recognizing “renunciation” as a defense to the crime of … Continue reading

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Caycee Hampton, Confirmation of a Catch-22: Glik V. Cunniffe and the Paradox of Citizen Recording

63 Fla. L. Rev. 1549 (2011)| | | | On October 1, 2007, Simon Glik observed several police officers arresting a young man on the Boston Common. Concerned that the officers were employing excessive force, Glik began to record the … Continue reading

Posted in Communications Law, Computer & Internet Law, Constitutional Law, Criminal Law, Criminal Procedure, Florida Constitutional Law, Fourth Amendment, Governments and Legislation | Comments Off

Kathryn A. Kimball, Losing our Soul: Judicial Discretion in Sentencing Child Pornography Offenders

63 Fla. L. Rev. 1515 (2011)| | | | Child pornography offenders capitalize on the vulnerability of children and find pleasure in their victims’ humiliation. In United States v. Irey, the defendant sadistically raped, sodomized, and tortured more than fifty … Continue reading

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Scott A. Moss, The Overhyped Path from Tinker to Morse: How the Student Speech Cases Show the Limits of Supreme Court Decisions-for The Law and for the Litigants

63 Fla. L. Rev. 1407 (2011)| | | | Each of the Supreme Court’s high school student speech cases reflected the social angst of its era. In 1965′s Tinker v. Des Moines Independent Community School District, three Iowa teens broke … Continue reading

Posted in Constitutional Law, Criminal Law, Criminal Procedure, Education Law, Federal Courts, First Amendment, Uncategorized | Comments Off