Category Archives: Governments and Legislation

Hanah Metchis Volokh, Constitutional Authority Statements in Congress

“Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article I, Section 8, Clause 2 of the United States Constitution.” “Congress has the power to … Continue reading

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Jacy Owens, A Progressive Response: Judicial Delegation of Authority to Federal Probation Officers

Federal probation officers supervise millions of offenders who must each comply with a multitude of probation conditions. These officers need enough flexibility to deal with the evolving needs of each offender, without having to clog the court system with repeated … Continue reading

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Abigail R. Moncrieff, Safeguarding the Safeguards: The ACA Litigation and the Extension of Indirect Protection to Nonfundamental Liberties

As the lawsuits challenging the Patient Protection and Affordable Care Act (ACA) have evolved, one feature of the litigation has proven especially rankling to the legal academy: the courts‘ incorporation of substantive libertarian concerns into their structural federalism analyses. The … Continue reading

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Lisa Heinzerling, Introduction: Climate Change at EPA

64 Fla. L. Rev. 1 (2011)| | |||| With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts … Continue reading

Posted in Environmental Law, Government Contracts, Governments and Legislation, Uncategorized | Comments Off

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

Posted in Constitutional Law, Criminal Law, Criminal Procedure, Federal Courts, Governments and Legislation, Judicial Systems, Jurisprudence | Comments Off