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Current Issue
Jan. 2013, Vol. 65, No. 1
Articles
David Haddock, Tonja Jacobi, & Matthew Sag, League Structure &Stadium Rent Seeking— the Role of Antitrust Revisited
Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban Trading on Inside information
Janai S. Nelson, The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
Sergio J. Campos, Erie as a Choice of Enforcement Defaults
Hanah Metchis Volokh, Constitutional Authority Statements in Congress
Sapna Kumar, The Accidental Agency?
Christian Turner, State Action Problems
Tag Archives: Fifth Amendment
R. Benjamin Lingle, Post-Kelo Eminent Domain Reform: A Double-Edged Sword for Historic Preservation
63 Fla. L. Rev. 985 (2011)| | | NOTE :: The preservation of historic structures provides communities across the nation with both a source of pride in our national history and a window through which to view that history. Governments’ powers … Continue reading
Posted in Constitutional Law, Energy & Utilities Law, Environmental Law, Governments and Legislation, Property Law, Uncategorized
Tagged 5th Amendment, City of London, condemnation, constitutional law, Eminent Domain, Fifth Amendment, Justice Paul Stevens, Kelo, legislation, Lingle, non-blighted neighborhoods, property, states, takings clause
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Michael Nardella, Knowing When to Stop: Is the Punctuation of the Constitution Based on Sound or Sense?
59 Fla. L. Rev. 667 (2007) | | | | INTRODUCTION :: Take another look at the Fifth Amendment. Look carefully. If you read it with an eye toward punctuation, you will notice that the Amendment itself is one long … Continue reading
Charles T. Douglas, Jr., Compensating for Canker: A Sore Subject for Florida’s Citrus Growers: Haire v. Florida Department of Agriculture & Consumer Services, 870 So. 2d 774 (Fla. 2004)
57 Fla. L. Rev. 421 (2005) | | | TEXT :: Florida’s citrus canker law (the Canker Law) requires the State to destroy healthy-appearing citrus trees that are within a 1900-foot radius of an infected tree. The Florida Legislature enacted … Continue reading
Posted in Constitutional Law, Environmental Law, Florida Constitutional Law, Fourth Amendment, Property Law, Uncategorized
Tagged 125-foot radius, 1900-foot radius, Canker Law, circumstances and locality, Citrus, citrus trees, Corneal v. State Plant Board, Department of Acgriculture, Department of Agriculture & Consumer Services v. Mid-Florida Growers, Douglas Jr. Canker, Fifth Amendment, Florida, Florida Citrus Growers, Florida Legislation, Florida Supreme Court, Florida's Citrus Canker Law, Florida's compensation clause, healthy trees, Inverse condemnation claim, Lucas v. South Carolina Coastal Council, nusiance, Oranges, Polk, spreading decline, virulent disease
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Peter Koclanes, Unreasonable Seizure: “Stop and Identify” Statutes Create an Illusion of Safety by Sacrificing Real Privacy: Hiibel v. Sixth Judicial District Court, 124 S. Ct. 2451 (2004)
57 Fla. L. Rev. 431 (2005) | | | | TEXT :: In the course of a lawful stop, police asked Petitioner, Larry Hiibel, to identify himself, a demand permissible under Nevada’s “stop and identify” statute. After refusing to give … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Fourth Amendment, Uncategorized
Tagged 124 S. Ct. 2451, arrest, Breyer, Brown v. Texas, coercion, constitutional law, Fifth Amendment, fingerprinting, fingerprints, Fourth Amendment, Ginsberg, Hayes v. Florida, Hiibel v. Sixth Judicial District Court, Illusion of Safety, Justice White, Kennedy, Koclanes, Nevada Law, police questioning, Privacy, probable cause, public interest, rape, Reasonable Suspicion, Souter, Stop and Identify, Terry v. Ohio, Unreasonable Seizure
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William R. Snyder, Jr., Slipping Down the Slope of Probable Cause: An Unreasonable Exception to What Was Once a Reasonable Rule: Hiibel v. Sixth Judicial District Court, 124 S. Ct. 2451 (2004)
57 Fla. L. Rev. 445 (2005) | | | | TEXT :: Upon receiving a call reporting possible domestic violence, a sheriff’s deputy in Humboldt County, Nevada detained Petitioner under the authority of a state statute allowing an officer to … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Fourth Amendment, Uncategorized
Tagged 124 S. Ct. 2451, authority, balancing test, birght-line requirement, diminished standard, efficacy, Fifth Amendment, Fourth Amendment, Hayes v. Florida, Hiibel v. Sixth Judical District Court, Papachristou v. City of Jacksonville, patdown, probable cause, Snyder, suspcicion, traditionally strict limitations, Unreasonable Exception, vagrancy
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Diane J. Zelmer, Constitutional Law: Convicting Detainees for Refusing to Answer Law Enforcement’s Commonsense Inquiries Makes no Commonsense: Hiibel v. Sixth Judicial District Court, 124 S. Ct. 2451 (2004)
57 Fla. L. Rev. 459 (2005) | | | | TEXT :: While investigating an assault report, a police officer observed a silver and red GMC truck parked on the roadside with skid marks behind it. Petitioner, who appeared intoxicated, … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Fourth Amendment, Uncategorized
Tagged 124 S. Ct. 2451, 171.123, 38.02, Answer, Brown v. Texas, clothing, Commonsense, constitutional law, Convicting Detainees, Davis v. Mississippi, Fifth Amendment, Fourth Amendment Rights, free from abusive police practices, Hayes v. Florida, Hiibel v. Sixth Judicial District Court, individual control, Inquiries, law enforcement, legitimate societal interests, license number, Nevada, noncontrolling dicta, pat down, probable cause, Reasonable Suspicion, red GMC Truck, Seizure, Stop and Identify, Terry v. Ohio, Warrant Clause, Zelmer
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