Category Archives: Judicial Systems

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

Stewart E. Sterk and Kimberly J. Brunelle, Zoning Finality: Reconceptualizing Res Judicata Doctrine in Land Use Cases

63 Fla. L. Rev. 1139 (2011)| | | ARTICLE :: Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as … Continue reading

Posted in Civil Procedure, Environmental Law, Judicial Systems, Jurisprudence, Liability Law, Uncategorized | Comments Off

Jonathan Witmer-Rich, Interrogation and the Roberts Court

63 Fla. L. Rev. 1189 (2011)| | | ARTICLE :: Through 2010, the Roberts Court decided five cases involving the rules for police interrogation under the Fifth and Sixth Amendments: Kansas v. Ventris; Montejo v. Louisiana; Florida v. Powell; Maryland … Continue reading

Posted in Attorney Practice, Constitutional Law, Criminal Law, Criminal Procedure, Federal Courts, Judicial Systems, Jurisprudence, Uncategorized | Comments Off

Jim Gash, The End Of An Era: The Supreme Court (Finally) Butts Out of Punitive Damages For Good

63 Fla. L. Rev. 525 (2011)| | | | INTRODUCTION :: It is finally over. The Supreme Court’s incursion into punitive damages jurisprudence has unceremoniously ended, but not before the Court, under the guise of substantive due process, erected a … Continue reading

Posted in Civil Procedure, Constitutional Law, Governments and Legislation, Judicial Systems, Jurisprudence, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , | Comments Off

Nelson Lund, Two Faces of Judicial Restraint (Or Are There More?) in McDonald v. City of Chicago

63 Fla. L. Rev. 487 (2011)| | | | INTRODUCTION :: Since the days of the Warren Court, conservatives have attacked “judicial activism.” Beginning with Judge Robert Bork’s Supreme Court nomination hearings, and lately with increasing frequency, liberals have sought … Continue reading

Posted in Attorney Practice, Constitutional Law, Governments and Legislation, Judicial Systems, Jurisprudence, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , | Comments Off

Kevin M. Clermont, Sequencing the Issues for Judicial Decisionmaking: Limitations from Jurisdictional Primacy and Intrasuit Preclusion

63 Fla. L. Rev. 301 (2011)| |  | | ABSTRACT :: This Article treats the order of decision on multiple issues in a single case. That order can be very important, with a lot at stake for the court, society, and … Continue reading

Posted in Attorney Practice, Civil Procedure, Judicial Systems, Uncategorized | Tagged , , , , , , , , , , , , , , , | Comments Off