Articles Tagged Smith

Alisa Smith & Michael J. Saks, In Honor of Walter O. Weyrauch: The Case for Overturning Williams v. Florida and the Six-Person Jury: History, Law, and Empirical Evidence

60 Fla. L. Rev. 441 (2008) | | | | ABSTRACT :: After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in […]

Justin Smith, Post-Conviction Relief under Florida Law: The Undue Process of the Evolutionary Refinement

57 Fla. L. Rev. 653 (2005) | | | | INTRODUCTION :: “We might go further and say that even those laws which have been written down are best regarded as not unchangeable.” Aristotle “[T]hey are . . . promulgated established laws, not to be varied in particular cases, but to have one rule . […]

Justin Smith, Expert Testimony in Eminent Domain Proceedings: Oh Frye, Where Art Thou?

56 Fla. L. Rev. 831 (2004) | | | | INTRODUCTION :: Respondent, a shopping center owner in Broward County, sought damages resulting from an eminent domain taking by Petitioner, the Florida Department of Transportation. Petitioner’s partial taking resulted in a decrease in the number of available parking spaces on Respondent’s property. Respondent sought “severance […]