Criminal Law

The Eighth Amendment’s Time to Shine: Previewing Florida’s Imminent Constitutional Crisis in Capital Punishment

Melanie Kalmanson

Abstract In April 2023, Florida Governor Ron DeSantis enacted legislation that lowers the jury vote necessary to impose a sentence of death in the state to 8–4. The new statute removes the procedural safeguards that were implemented after the U.S. Supreme Court held in 2016 that Florida’s capital sentencing scheme violated defendants’ right to jury […]

DEFEATING DE FACTO DISENFRANCHISEMENT OF CRIMINAL DEFENDANTS

Neil L. Sobol

Abstract In a democracy, voting is not only an important civic duty but also a right that governments owe to their citizens. However, by operation of law, forty-eight states deny voting rights to individuals based on criminal convictions. Activists and scholars attack de jure disenfranchisement as an improper collateral consequence that disproportionately impacts people of […]

Innocent Until Predicted Guilty: How Premature Predictive Policing Can Lead to a Self-Fulfilling Prophecy of Juvenile Delinquency

Nadia Rossbach

Abstract Predictive policing is an innovative, evolving approach to crime prevention that law enforcement has recently embraced. These programs are designed to detect crime patterns by employing machine-learned algorithms to identify high-crime areas as well as likely offenders. In doing so, law enforcement hopes to implement a proactive approach in which officers will be able […]

The New Pornography Wars

Julie Dahlstrom

Abstract The world’s largest online pornography conglomerate, MindGeek, has come under fire for the publishing of “rape videos,” child pornography, and nonconsensual pornography on its website, Pornhub. In response, as in the “pornography wars” of the 1970s and 1980s, lawyers and activists have turned to civil remedies and filed creative anti- trafficking lawsuits against MindGeek […]

Fair Notice, The Rule of Law, and Reforming Qualified Immunity

Nathan S. Chapman

Abstract After a series of highly publicized incidents of police violence, a growing number of courts, scholars, and politicians have demanded the abolition of qualified immunity. The doctrine requires courts to dismiss damages actions against officials for violating the plaintiff’s constitutional rights unless a reasonable officer would have known that the right was “clearly established.” […]

Reassigning Batson: A Modern Approach

Max Angel

Abstract In Batson v. Kentucky, the Supreme Court of the United States held that using peremptory challenges to strike jurors solely on their race violates the Equal Protection Clause. Following that decision, the Supreme Court extended Batson to gender-based peremptory challenges, holding that state-sponsored group stereotypes rooted in historical prejudice that bars a potential juror […]

Models of Bail Reform

Brandon L. Garrett

Abstract Bail reform is an urgent topic in the United States and internationally, but what constitutes reform and how to accomplish reform goals is contested. Jails are a modern epicenter of incarceration, with a stunning growth in American jail populations over the past four decades despite declines in both arrests and crime. As many as […]

The Evolving Standards, As Applied

William W. Berry III

Abstract In Jones v. Mississippi, the Supreme Court of the United States adopted a narrow reading of its Eighth Amendment categorical bar on mandatory juvenile life-without-parole (JLWOP) sentences. Specifically, the Court rejected Jones’s claim that the Eighth Amendment categorical limit required a sentencing jury or judge make a finding of permanent incorrigibility—that the defendant is […]

Black Lives Matter in the Jury Box: Abolishing the Peremptory Strike

Payton Pope

Abstract Since its creation, the Batson Challenge has been widely criticized as a failure. It does not prevent discrimination in the jury selection process, has no bite, and does not serve as an adequate incentive to prevent discriminatory practices. The Supreme Court of the United States has had multiple opportunities in the last thirty years […]

Held at Gunpoint: Applying the Physical Restraint Sentencing Enhancement

Joshua McCroskey

Abstract Federal circuit courts of appeal often disagree about how to interpret the United States Sentencing Guidelines. One contentious guideline is the physical restraint sentencing enhancement. This enhancement increases the sentence of a defendant who physically restrained a victim during a crime. Circuit courts disagree about whether to apply this enhancement to a defendant who […]

Race and Reasonable Suspicion

Ric Simmons

Abstract The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect’s race when conducting criminal investigations. The civil rights movement and the progressive criminal […]

Beyond Bail

Jenny E. Carroll

Abstract From the proliferation of community bail funds to the implementationof new risk assessment tools to the limitation and even eradication ofmonetary bail, reform movements have altered the landscape of pretrialdetention. Yet, reform movements have paid little attention to theemerging reality of a post-monetary-bail world. With monetary bail anunavailable or disfavored option, courts have come […]

Policing as Public Good: Reflecting on the Term “To Protect and Serve” as Dialogues of Abolition

Tracey Meares and Gwen Prowse

Criminalization and Normalization: Some Thoughts About Offenders With Serious Mental Illness

Richard C. Boldt

Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness Abstract While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks […]

‘Nothing Compares 2 U:’ A Response to Beyond Compare: A Codefendant’s Prison Sentence as a Mitigating Factor in Death Penalty Cases

John H. Blume & Megan E. Barnes

Abstract Response to Jeffrey Kirchmeier, Beyond Compare: A Codefendant’s Prison Sentence as a Mitigating Factor in Death Penalty Cases The argument that the Court’s desire to eliminate arbitrariness in capital sentencing should allow juries to consider co-defendant sentences applies with equal force to juveniles sentenced to life without parole—to whom the Court has applied similar […]

Police Funding

Stephen Rushin & Roger Michalski

Abstract A number of civil rights activists have called for the defunding orabolition of American police departments. These activists claim that theUnited States overinvests in police, leaving fewer scarce resources tosupport other government services. Activists also claim thatoverinvestment in policing contributes to higher rates of policemisconduct and unnecessary criminalization, particularly in communitiesof color. This Article […]

Unjustly Enriched Prisons: The Problem With Capitalizing on Captivity

Jazmen Howard

Abstract This Note sheds light on state practices that take advantage of vulnerable, captive consumers: inmates. States regularly negotiate contracts relating to services and benefits for inmates, using inmates—a captive market—to enrich themselves. States make key decisions, force changes, and earn profits by implementing contracts that affect inmates and explicitly block inmates from pursuing any […]

Unusual State Capital Punishments

William W. Berry III.

Abstract This Article argues that many of the states that retain the death penalty currently violate their own state constitutions because their use of the death penalty is unusual. Specifically, an intrastate assessment of the death penalty in some states, particularly examining its use across counties, suggests that the rareness of its use might mean […]

Keeping Hope Alive: Criminal Justice Reform During Cycles of Political Retrenchment

Carol S. Steiker

Abstract For the past decade or so, criminal justice reform in the United States has been having a moment. After decades of massive increases in incarceration rates around the country, advocates for serious rethinking of harsh criminal justice policies have begun to find more receptive audiences at the local, state, and federal levels. However, the […]

Beyond Compare? A Codefendant’s Prison Sentence as a Mitigating Factor in Death Penalty Cases

Jeffrey L. Kirchmeier

Abstract This Article addresses whether the U.S. Constitution requires courts to permit capital defendants to submit, during sentencing, the mitigating factor that a codefendant for the same murder was sentenced to prison instead of to death. The U.S. Supreme Court has repeatedly stressed the importance of mitigating factors in capital cases. For the most part, […]

Life in Jail for Misbehavior: Criminal Contempt and the Consequences of Improper Classification

Kaley Ree Jaslow

Abstract Contempt is a crime that can be traced back to twelfth century England. It was an offense of disobedience that caused the obstruction of justice, and the punishment of such crimes was deeply important to the English justice system. Subsequent to the American Revolution, early American courts retained the use of contempt. Today, in […]

Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness

E. Lea Johnston

Abstract Roughly 14% of male inmates and 31% of female inmates suffer from one or more serious mental illnesses, such as schizophrenia, bipolar disorder, and major depressive disorder. Policymakers and the public widely ascribe the overrepresentation of offenders with serious mental illness in the justice system to the “criminalization” of the symptoms of this afflicted […]

Coordinating Community Reintegration Services for “Deportable Alien” Defendants: A Moral and Financial Imperative

Written by: Amy F. Kimpel

Abstract Recidivism rates for individuals who are convicted of illegal entry and re-entry (U.S.C. §§ 1325 and 1326) are quite high despite post-sentencing deportations. The “holistic defense” model developed in New York City at the Neighborhood Defender Services and Bronx Defenders has been instrumental in achieving better outcomes for criminal defendants and their communities, in […]

Taming Self-Defense: Using Deadly Force to Prevent Escapes

Written by: Robert Leider

Abstract The modern fleeing felon rule permits police officers to use deadly force when necessary to prevent the escape of a person who has committed a violent felony. To justify this rule, the Supreme Court has relied on self-defense and defense of others. This Article argues against the self-defense justification. Fleeing felons—even those suspected of […]

Unusual Deference

Written by: William Berry

Abstract Three Eighth Amendment decisions—Harmelin v. Michigan, Pulley v. Harris, and McCleskey v. Kemp—have had enduring, and ultimately, cruel and unusual consequences on the administration of criminal justice in the United States. What links these cases is the same fundamental analytical misstep—the decision to ignore core constitutional principles and instead defer to state punishment practices. […]

Convictions Based on Character: An Empirical Test of Other-Acts Evidence

Written by: Michael Cicchini & Lawrence White

Abstract Despite the time-honored judicial principle that “we try cases, rather than persons,” courts routinely allow prosecutors to use defendants’ prior, unrelated bad acts at trial. Courts acknowledge that jurors could improperly use this other acts evidence as proof of the defendant’s bad character. However, courts theorize that if the other acts are also relevant […]

Should They Stay or Should They Go: Rethinking The Use of Crimes Involving Moral Turpitude in Immigration Law

Written: Sara Salem

Abstract Although absent from modern English conversation, the words moral turpitude continue to carry devastating consequences for undocumented aliens living in the United States. Under federal immigration law, an alien convicted of a crime involving moral turpitude may be deported or denied entry into the United States. Perhaps most significantly, nearly all immigration relief is […]

Redefining “Particularly Serious Crimes” in Refugee Law

Written by: Mary Holper

Abstract Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (PSC) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving […]

A Man’s Home Is His Castle, But It Has a Secret Dungeon: Domestic Violence Victims Need An Amendment to Florida’s All-Party Consent Law

Written by: David K. Warren

Abstract Domestic violence is an epidemic that is occurring at alarming rates throughout the state of Florida and across the nation. Much of that abuse occurs behind closed doors inside the home where there are no witnesses. Because Florida law does not allow a person to record communications without the consent of everyone else involved, […]

Reconstructing the Right Against Excessive Force

Written by: Avidan Y. Cover

Abstract Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, […]

Cause-in-Fact After Burrage v. United States

Written by: Eric A. Johnson

Abstract What significance, if any, should state courts assign to the U.S. Supreme Court’s unanimous 2014 decision in Burrage v United States? In Burrage, the Supreme Court relied on “ordinary meaning” and “traditional understanding” in concluding that causation elements in federal criminal statutes nearly always require so-called “but-for” causation. State courts, by contrast, traditionally have […]

Voices on Innocence

Written by: Lucian E. Dervan, Richard A. Leo, Meghan J. Ryan, Valena E. Beety, Gregory M. Gilchrist, & William W. Berry, III

Introduction by Lucian E. Dervan In the summer of 2015, experts gathered from around the country to sit together and discuss one of the most pressing and important issues facing the American criminal justice system—innocence. Innocence is an issue that pervades various areas of research and influences numerous topics of discussion. What does innocence mean, […]

Rebekah R. Runyon, Am I Under Arrest? Why the U.S. Sentencing Guidelines Need A Strict Definition of What Constitutes an Intervening Arrest

Congress provided for the creation of the U.S. Sentencing Guidelines to promote fairness and produce proportional and uniform sentences. The Guidelines provide judges with a guideline range for sentencing based on a defendant’s criminal history score and the offense level of the defendant’s criminal conduct. A defendant’s prior “intervening arrests” are considered in computing her […]

Samuel R. Wiseman,What Is Federal Habeas Worth?

Federal habeas review of state non-capital cases under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is widely regarded as deeply flawed for producing a huge volume of costly litigation and very little relief. Many scholars have called for AEDPA’s repeal and a return to more robust federal review, but recently, several prominent […]

Jennifer Lada, Bouncing the Proverbial Blank Check: An Argument for Including Candidates for Public Office Within the Scope of the Hobbs Act

The Hobbs Act, codified at 18 U.S.C. § 1951, criminalizes bribery of and extortion by public officials. Under the statute, “‘extortion’ means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.” But the meaning of “under color […]

Margaret Tarkington, Lost in the Compromise: Free Speech, Criminal Justice, and Attorney Pretrial Publicity

The right to a jury trial, the presumption of innocence, the social compact between the individual and the State—these are among the weighty interests in our criminal justice system that can be bolstered or undermined through attorney pretrial publicity. The procedural protections that exist in the Constitution for criminal justice are neither technicalities nor formalities. […]

Adam M. Hapner, You Have the Right to Remain Silent, But Anything You Don’t Say May Be Used Against You: The Admissibility of Silence as Evidence After Salinas v. Texas

In Salinas v. Texas, the United States Supreme Court held that a suspect’s refusal to answer an officer’s questions during a noncustodial, pre-Miranda, criminal interrogation is admissible at trial as substantive evidence of guilt. In a plurality decision, Justice Samuel Alito emphasized that before a suspect can rely on the privilege against self-incrimination, the suspect […]

Marc B. Hernandez, Guilt Without Mens Rea: How Florida’s Elimination of Mens Rea for Drug Possession is Constitutional

The Florida Comprehensive Drug Abuse Prevention and Control Act is almost unique among criminal drug statutes in the United States. Like all states, Florida prohibits the possession, sale, and delivery of certain controlled substances. However, a recent revision of the Florida Comprehensive Drug Act removed Florida’s burden of proving one aspect of defendants’ mens rea […]

Michael Polatsek, Extortion Through the Public Record: Has the Internet Made Florida’s Sunshine Law Too Bright?

In recent years, privately owned websites around the country have begun to gather arrest records directly from law enforcement websites and republish them on their own sites. Often, the images are displayed without regard to the ultimate disposition of the arrestee’s case. Images and arrest records of individuals who were eventually convicted or acquitted are […]

Anne R. Traum, Using Outcomes to Reframe Guilty Plea Adjudication

The Supreme Court’s 2012 decisions in Lafler v. Cooper and Missouri v. Frye lay the groundwork for a new approach to judicial oversight of guilty pleas that considers outcomes. These cases confirm that courts possess robust authority to protect defendants’ Sixth Amendment right to the effective assistance of counsel and that plea outcomes are particularly […]

Kevin Barry , From Wolves, Lambs (Part I): The Eighth Amendment Case for Gradual Abolition of the Death Penalty

This spring, the Connecticut Supreme Court will take up a novel question, unprecedented in modern death penalty jurisprudence: Can a state gradually abolish its death penalty? Restated, can it leave the sentences of those currently on death row in place but abolish the death penalty going forward? This Article argues that it can. On simple […]

Miriam H. Baer, Confronting the Two Faces of Corporate Fraud

Some criminals engage in meticulous planning. Others commit crimes in the heat of the moment. Corporate fraud incorporates both planned and spur-of-the-moment misconduct. Although law and economics scholars have traditionally viewed corporate fraud as a manifestation of opportunism among the corporation’s agents, a new generation of scholars, influenced by findings in behavioral psychology, has focused […]

Lawrence A. Cunningham, Deferred Prosecutions and Corporate Governance: An Integrated Approach to Investigation and Reform

When evaluating how to proceed against a corporate investigative target, law enforcement authorities often ignore the target’s governance arrangements, while subsequently negotiating or imposing governance requirements, especially in deferred prosecution agreements. Ignoring governance structures and processes amid investigation can be hazardous, and implementing improvised reforms afterwards may have severe unintended consequences—particularly when prescribing standardized governance […]

Kathleen Carlson, Ryan v. Gonzalez and the Potential Elimination of the Ineffective Assistance of Counsel Post Conviction Failsafe

Recently, the United States Supreme Court addressed in Ryan v. Gonzales “whether the incompetence of a state prisoner requires suspension of the prisoner’s federal habeas corpus proceedings.” In a unanimous decision, the Court held that “the Courts of Appeals for the Ninth and Sixth Circuits both erred in holding that district courts must stay federal habeas proceedings when […]

Steven Nauman, Brown v. Plata: Renewing the Call to End Mandatory Minimum Sentencing

After more than twenty years of litigation, the United States Supreme Court finally determined whether California’s overcrowded prison system created a constitutional violation in Brown v. Plata. With prisons and jails across the country operating at well over 100% capacity, the Court concluded what advocates had been screaming for over a decade: prison overcrowding cannot […]

Mariko K. Shitama, Bringing Our Children Back From the Land of Nod: Why the Eighth Amendment Forbids Condemning Juveniles to Die in Prison for Accessorial Felony Murder

Over 2,589 individuals sit in prison, where they have been condemned to die for crimes they committed before their eighteenth birthday. At least a quarter of these individuals received this sentence for accessorial felony murder, or a crime in which they did not kill or intend to kill the victim. Beginning with Roper v. Simmons in […]

Sam Kamin & Justin Marceau, Vicarious Aggravators

In Gregg v. Georgia, the Supreme Court held that the death penalty was constitutional so long as it provided a non-arbitrary statutory mechanism for determining who are the worst of the worst, and therefore, deserving of the death penalty. As a general matter, this process of narrowing the class of death eligible offenders is done […]

Nicole Kuncl, Seeing Red: The Legal Backlash Against Red-Light Cameras in Florida

This Note will examine Florida’s Mark Wandall Traffic Safety Act, which authorizes the use of traffic infraction detectors (red-light cameras) to enforce traffic laws. Florida, like many other states, currently finds itself in the midst of a heated debate over the use of red-light cameras to issue traffic citations. Strong arguments can be made both […]

Lauren Millcarek, Eighteenth Century Law, Twenty-First Century Problems: Jones, GPS Tracking, and the Future of Privacy

In 2004, law enforcement officers began investigating Antoine Jones, a Washington, D.C. nightclub owner, for suspected drug trafficking. After gathering information through stakeouts, cameras, and a wiretap on Jones’ phone, the officers obtained a warrant to place a Global Positioning System (GPS) tracker on Jones’ wife’s car, which Jones possessed and used regularly. However, the […]

Jocelyn Ho, Bullied to Death: Cyberbullying and Student Online Speech Rights

In the age of online social networking, photo and video sharing, blogs, text messaging, and other forms of communication technology, bullying among teenagers has reached a whole new level. It has transcended the traditional schoolyard context and crossed into cyberspace, leaving victims of bullying more vulnerable than ever. Recent headline-grabbing suicides, such as the cyberbullying-related […]

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 also served to highlight the revolution in the intent requirement for white collar crimes. In […]

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 to a halt in the mundane reality of the traffic stop—a judicially authorized policing procedure […]

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 conspiracy. Under the Model Penal Code formulation, a member of a conspiracy who later disavows […]

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 arrest with his cell phone. After successfully arresting the young man, an officer asked Glik […]

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 prepubescent girls and then broadcast this abuse across the Internet; yet the court characterized Irey […]

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 school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political […]

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 v. Shatzer; and Berghuis v. Thompkins. This Article argues that these decisions show the Roberts […]

Nathan A. Frazier, Amending for Justice's Sake: Codified Disclosure Rule Needed to Provide Guidance to Prosecutor's Duty to Disclose

63 Fla. L. Rev. 771 (2011)| | | | ABSTRACT :: “I wouldn’t wish what I am going through on anyone,” Senator Ted Stevens commented after losing his seat in the United States Senate on November 18, 2008. Senator Stevens lost the race largely because a criminal conviction damaged his reputation. After Senator Stevens endured […]

Russell D. Covey, Longitudinal Guilt: Repeat Offenders, Plea Bargaining, and the Variable Standard of Proof

63 Fla. L. Rev. 431 (2011)| |   | | ABSTRACT :: This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to […]

Adam Denver Griffin, The Federal Sentencing Guidelines' Abuse of Trust Enhancement: An Argument for the Professional Discretion Approach

63 Fla. L. Rev. 457 (2011)| |   | | INTRODUCTION :: In a national issue of first impression for the circuit courts, the Eleventh Circuit, in United States v. Louis, held that a federally licensed firearm dealer who knowingly sells a firearm to a convicted felon should not receive additional punishment for abusing a position […]

Peter Nicolas, The Lavender Letter: Applying the Law of Adultery to Same Sex Couples and Same Sex Couples

63 Fla. L. Rev. 97 (2011)| | | | INTRODUCTION :: In the political and legal debate over same-sex marriage, references to the rights (or benefits or privileges) and responsibilities (or burdens or obligations) associated with marriage constitute a key weapon in the rhetorical battle. Most of the focus, however, has been on the “rights” […]

Tim Sobczak, The Consent-Once-Removed Doctrine: The Constitutionality of Passing Consent from an Informant to Law Enforcement

62 Fla. L. Rev. 493 (2010) |   |   |   | ABSTRACT :: In 2002 Brian Bartholomew was charged with possession of methamphetamine. In hopes of obtaining leniency, Bartholomew chose to assist the Central Utah Narcotics Task Force as a confidential informant. As an informant, Bartholomew arranged to buy drugs from Afton Callahan […]

Andrew Brady Spalding, Unwitting Sanctions: Understanding Anti-Bribery Legislation as Economic Sanctions Against Emerging Markets

62 Fla. L. Rev. 351 (2010) |   |   |   | ABSTRACT :: Although the purpose of international anti-bribery legislation, particularly the U.S. Foreign Corrupt Practices Act (FCPA), is to deter bribery, empirical evidence demonstrates a problematic collateral effect. In countries where bribery is perceived to be relatively common, the present enforcement regime […]

Andres Healy, Adjudicators, Not Legislators: Eleventh Circuit Declines Opportunity to "Breathe Further Life" Into § 212(c) Deportation Relief

62 Fla. L. Rev. 559 (2010) | | | | CASE COMMENT :: As a boy, De la Rosa had come to the United States from the Dominican Republic in search of a better life. Over the next twenty years, he built that life. Now, as a man, he asked for only one thing-the opportunity […]

Dhammika Dharmapala, Nuno Garoupa & Joanna M. Shepherd, Legislatures, Judges, and Parole Boards: The Allocation of Discretion Under Determinate Sentencing

62 Fla. L. Rev. 1037 (2010) | | | | INTRODUCTION :: Criminal sentencing in the United States has undergone sweeping changes in recent decades. The most significant development in sentencing has been the reallocation of power away from judges and parole boards and towards legislatures. State legislatures have accomplished this reallocation of power by […]

Benjamin H. Barton, Against Civil Gideon (and for Pro Se Court Reform)

62 Fla. L. Rev. 1227 (2010)| | | | INTRODUCTION :: “Civil Gideon” is a short-hand name for a concept that has been the white whale of American poverty law for the last forty years-a constitutional civil guarantee to a lawyer to match the criminal guarantee from Gideon v. Wainwright. This Article argues that the […]

Peter K. Yu, The Graduated Response

62 Fla. L. Rev. 1373 (2010) | | | | INTRODUCTION :: In the past few years, the entertainment industry has deployed aggressive tactics toward individual end-users, Internet service providers (ISPs), and other third parties. While these tactics have had only mixed results and have been heavily criticized by policymakers, civil liberties groups, consumer advocates, […]

Benjamin J. Steinberg, Discounted Medical Bills and Conflicting Applications of Florida Statutes §768.76 as A Rule of Evidence

62 Fla. L. Rev. 1431 (2010) | | | | INTRODUCTION :: Marcie was a loving mother and a hard worker. But all of this was stripped away in an instant. Marcie lost both her daughter and her ability to work after being struck while walking home from school by a negligent driver. The resulting […]

Usha Rodrigues, From Loyalty to Conflict: Addressing Fiduciary Duty at the Officer Level

61 Fla. L. Rev. 1 (2009) | | | | ABSTRACT :: Conflicts of interest are the quintessential agency cost-the constant, lurking danger that agents may seek their own personal gain, rather than the good of the corporation. Yet many corporate employees lack knowledge as to exactly what constitutes a conflict of interest. This ignorance […]

Charles Short, Guilt by Machine: The Problem of Source Code Discovery in Florida DUI Prosecutions

61 Fla. L. Rev. 177 (2009) | | | | ABSTRACT :: Breath testing results stand at the core of most driving under the influence (DUI) prosecutions. Florida law provides that an individual is guilty of driving under the influence when he drives, or is in actual physical control of a vehicle, while under the […]

Dante P. Trevisani, Passenger Standing To Challenge Searches And Seizures: A Distinction without a Constitutional Difference

61 Fla. L. Rev. 329 (2009) | | | | INTRODUCTION :: On November 27, 2001, Deputy Sheriff Robert Brokenbrough noticed a Buick with expired registration tags. After verifying from the police dispatcher that the application for renewal tags was being processed, and therefore the Buick was not in violation of any traffic laws, he […]

Christopher Slobogin, Introduction to the Symposium on the Model Penal Code's Sentencing Proposals

61 Fla. L. Rev. 665 (2009) | | | | INTRODUCTION :: Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (ALI) “restatement” of the law project because it was an explicit attempt to provide a model statute that would advance doctrine and practice […]

Kevin R. Reitz, Demographic Impact Statements, O’Connor’s Warning, and the Mysteries of Prison Release: Topics from a Sentencing Reform Agenda

61 Fla. L. Rev. 683 (2009) | | | | INTRODUCTION :: Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (ALI) “restatement” of the law project because it was an explicit attempt to provide a model statute that would advance doctrine and practice […]

Douglas A. Berman, The Enduring (and Again Timely) Wisdom of the Original MPC Sentencing Provisions

61 Fla. L. Rev. 709 (2009) | | | | INTRODUCTION :: My favorite bit of folk wisdom is “if it ain’t broke, don’t fix it.” However, when considering the ongoing revisions to the Model Penal Code: Sentencing (MPCS) provisions, a corollary comes to mind: “fix what’s really broke, and don’t risk breaking what ain’t […]

Alice Ristroph, How (Not) to Think Like a Punisher

61 Fla. L. Rev. 727 (2009) | | | | INTRODUCTION :: The new sentencing provisions of the Model Penal Code (MPC) forcefully assert the nature of sentencing as judicial province. “One underlying philosophy of the revised Code is that sentencing is, at its core, a judicial function.” Specifically, the new provisions aim to secure […]

Robert Weisberg, Tragedy, Skepticism, Empirics, and the MPCS

61 Fla. L. Rev. 797 (2009) | | | | INTRODUCTION :: I argue here that an important implicit theme of the Model Penal Code: Sentencing (MPCS) Draft (Draft) is what I will call modern tragic skepticism about empirical proof in legal reform. By an admittedly somewhat stretched reading, I will infer from the Draft […]

Nora V. Demleitner, Good Conduct Time: How Much and for Whom? The Unprincipled Approach of the Model Penal Code: Sentencing

61 Fla. L. Rev. 777 (2009) | | | | INTRODUCTION :: Up until the 1970s, indeterminate sentencing dominated sentencing in the United States. This model implied a focus on offender rehabilitation, with the concomitant need for individualized treatment. The American Law Institute’s (ALI) Model Penal Code (MPC), published in 1962, incorporated these assumptions, though […]

David A. Karp, Setting the "Persecutor Bar" for Political Asylum after Negusie: Negusie v. Holder, 129 S. Ct. 1159 (2009)

61 Fla. L. Rev. 933 (2009) | | | | INTRODUCTION :: After night fell in the port city of Massawra, Eritrea, Daniel Girmai Negusie slipped out of the military prison where he had been held for four years. During the day, he hid at a friend’s house; at night, he swam out to container […]

Ellen D. Katz, From Bush v. Gore to Namudno: A Response to Professor Amar

61 Fla. L. Rev. 991 (2009) | | | | INTRODUCTION :: In his Dunwody Lecture, Professor Akhil Amar invites us to revisit the Bush v. Gore controversy and consider what went wrong. This short essay responds to Professor Amar by taking up his invitation and looking at the decision through a seemingly improbable lens, […]

Michael S. Pardo, Second-Order Proof Rules

61 Fla. L. Rev. 1083 (2009) | | | | ABSTRACT :: Proof rules in law dictate when facts have been proven. They do so by specifying a level of proof such as by a preponderance of the evidence, by clear and convincing evidence, or beyond a reasonable doubt. The goals of the rules are […]

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 […]

Michael J. Hooi, Substantive Due Process: Sex Toys after Lawrence Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007)

60 Fla. L. Rev. 507 (2008) | | | | TEXT :: Appellants filed suit in the U.S. District Court for the Northern District of Alabama to enjoin the enforcement of an Alabama statute that prohibits the commercial distribution of sex toys. Appellants claimed that the statute unconstitutionally burdened their rights to privacy and personal […]

Emily S. Wilbanks, The Murder Rule that Just Won't Die: The Abolished Year-And-A-Day Rule Continues to Haunt the Florida Courts

60 Fla. L. Rev. 735 (2008) | | | | INTRODUCTION :: On October 21, 1986, a two-month-old baby girl was admitted to a hospital in Pasco County, Florida. Baby Christina Ann Wells was unresponsive, was suffering from seizures, and needed assistance to breathe. Doctors observed large bruises on Christina’s head, including thumbprints on her […]

Doug Keller, Resolving a "Substantial Question": Just Who is Entitled to Bail Pending Appeal under the Bail Reform Act of 1984?

60 Fla. L. Rev. 825 (2008) | | | | ABSTRACT :: Under the Bail Reform Act of 1984, federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial question.” Federal appellate courts, however, have been deeply divided […]

Michael J. Hooi, Qualified Immunity: When is a Loss Ultimately a Win?

60 Fla. L. Rev. 979 (2008) | | | | TEXT :: Scott v. Harris, 127 S. Ct. 1769 (2007) A Georgia sheriff’s deputy clocked Victor Harris driving seventy-three miles per hour in a fifty-five mile per hour zone. After Harris ignored the deputy’s signal to pull over for speeding, the deputy began a high-speed […]

Verity Winship, Fair Funds and the SEC's Compensation of Injured Investors

60 Fla. L. Rev. 1103 (2008) | | | | ABSTRACT :: The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced that it will direct money to injured investors whenever possible, but has not articulated clear […]

Giannina Marin, Possession of Child Pornography: Should You be Convicted When the Computer Cache Does the Saving for You?

60 Fla. L. Rev. 1205 (2008) | | | | INTRODUCTION :: “For years, defense lawyers have argued the ‘young and stupid’ semi-defense for their youthful clients. Now, we can have the ‘I didn’t know it was on the hard drive’ objection for the unsophisticated computer user in child pornography cases-or at least they can […]

Dustin G. Hall, Constitutional Law: What to Do When a State Fails to Take Notice that its Notice has Failed?

59 Fla. L. Rev. 453 (2007) | | | | TEXT :: After Petitioner paid off his mortgage, his annual property taxes went unpaid. Respondent, Commissioner of State Lands, subsequently certified Petitioner’s property as delinquent. Under the applicable state statute, Respondent sent, via certified mail, a notice of delinquency to Petitioner’s property. The notice indicated […]

Lisa A. Mattern, Constitutional Law: Knock-And-Announce Violations and the Purposeful Enforcement of the Exclusionary Rule

59 Fla. L. Rev. 465 (2007) | | | | TEXT :: Officers obtained a warrant to search for drugs and firearms in Petitioner’s home. Although the officers announced their presence, they waited only three to five seconds before entering the unlocked residence. Once inside, they discovered large quantities of drugs and a loaded firearm. […]

Benjamin Robinson, Constitutional Law: Suppressing the Exclusionary Rule

59 Fla. L. Rev. 475 (2007) | | | | TEXT :: Police obtained a warrant to search Petitioner’s home and, after announcing their presence, waited only a short time before they entered and discovered drugs and a loaded gun. The State charged Petitioner with unlawful drug and firearm possession. Petitioner moved to suppress all […]

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 and complex sentence; you will notice that it contains a number of restrictions on governmental […]

Steven F. Shatz, The Eighth Amendment, the Death Penalty, and Ordinary Robbery-Burglary Murderers: A California Case Study

59 Fla. L. Rev. 719 (2007) | | | | INTRODUCTION :: On September 20, 1968, after a one-day trial, a Georgia jury sentenced William Henry Furman to death for a felony-murder committed a year earlier and so set the stage for the Supreme Court’s now thirty-five-year-old effort to regulate and rationalize the states’ use […]

The Honorable Rosemary Barkett, Dunwody Distinguished Lecture in Law: Judicial Discretion and Judicious Deliberation

59 Fla. L. Rev. 905 (2007) | | | | INTRODUCTION :: Thank you for the opportunity to deliver the Dunwody Distinguished Lecture in Law. It is an honor and a privilege to join the extraordinary list of those who have participated in this series of Lectures. Like Elliot and Atwood Dunwody, I am a […]

Natalie Liem, Mean What You Say, Say What You Mean: Defining the Aggravated Felony Deportation Grounds to Target More than Aggravated Felons

59 Fla. L. Rev. 1071 (2007) | | | | INTRODUCTION :: Jose Rodriguez is one of the lucky ones. Rodriguez, a legal permanent resident of the United States since 1990, was arrested in May 2003 for possession of less than one gram of cocaine. Rodriguez pleaded no contest and was sentenced to probation. Nearly […]

Brooke R. Hardy, Criminal Procedure: Finding the Needle-Toward a More Stringent Standard for Effective Assistance of Counsel

58 Fla. L. Rev. 449 (2006) | | | | TEXT :: Petitioner was convicted by a jury of, among other offenses, brutally murdering a local barkeeper. At the sentencing phase of the bifurcated proceeding, Petitioner’s counsel presented the brief testimony of only five mitigation witnesses. Balancing the evidence, the jury found three aggravating factors […]

Steven J. Wernick, Constitutional Law: Elimination of the Juvenile Death Penalty-Substituting Moral Judgment for a True National Consensus

58 Fla. L. Rev. 471 (2006) | | | | TEXT :: Respondent was convicted of first-degree murder for the torturous abduction and drowning of a woman and was sentenced to death upon the recommendation of the jury. Respondent committed these brutal acts as a seventeen year-old high school student. Despite his age, Respondent was […]

J. Richard Broughton, The Second Death Of Capital Punishment

58 Fla. L. Rev. 639 (2006) | | | | INTRODUCTION :: Political life is sometimes tragic. As a conservative instrument for safeguarding the government’s obligation and ability to control the governed (which, as Madison reminds us, is a prerequisite for the exercise of self-control on the part of the government), and for preserving tolerable […]

Jeffrey A. Bekiares, In Country, on Parole, out of Luck-Regulating away Alien Eligibility for Adjustment of Status Contrary to Congressional Intent and Sound Immigration Policy

58 Fla. L. Rev. 713 (2006) | | | | INTRODUCTION :: Immigrants are a daily part of American life. They work in every sector of the economy and form strong social and familial bonds in the community. The legislative and cultural history of the United States has encouraged immigration as a constant source of […]

Chad M. Oldfather, Remedying Judicial Inactivism: Opinions as Informational Regulation

58 Fla. L. Rev. 743 (2006) | | | | INTRODUCTION :: Concern about so-called “judicial activism” is rampant. Despite a lack of consensus regarding precisely what the term means, those wielding it have in mind judges who overstep the bounds of their role. “Activist” judges usurp the authority of the political branches, decide issues […]

Nicolas Hamann, Florida Constitutional Law: Reducing Legislative Discretion: A Clearly Unclear Application of Expressio Unius

58 Fla. L. Rev. 935 (2006) | | | | TEXT :: The Opportunity Scholarship Program (OSP) provided public school students with the option of transferring to either an eligible private school or to another public school that met certain academic requirements. If the student chose a private school, the State would then issue a […]

Steven J. Wernick, In Accordance with a Public Outcry: Zoning Out Sex Offenders through Residence Restrictions in Florida

58 Fla. L. Rev. 1147 (2006) | | | | INTRODUCTION :: On January 11, 2006, William Smith Jr., a sixty-five-year-old convicted sex offender, moved into a small wooden house behind a day-care center in Ocala, Florida. His housewarming, however, was short-lived. The day after Smith moved in, local police officers arrived at his house […]

Linda Kelly Hill, The Feminist Misspeak of Sexual Harassment

57 Fla. L. Rev. 133 (2005) | | | | INTRODUCTION :: Feminism is out of control. I recently attended an academic conference on domestic violence where, as usual, the speakers and the audience were virtually all women. As is to be expected, one woman or another lamented the lack of male interest in matters […]

Kelly M. Moore, Pretext Instructions in Employment Discrimination Cases: Inferring a New Disadvantage for Plaintiffs: Conroy v. Abraham Chevrolet-Tampa, Inc., 375 F.3d 1228 (11th Cir. 2004)

57 Fla. L. Rev. 411 (2005) | | | | TEXT :: Petitioner was fired from his position as the commercial fleet sales manager for Respondent’s car dealership in January of 2001. Respondent told Petitioner that he was being fired because although “he was doing a ‘good job’ . . . the company was going […]

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 his name, Hiibel was arrested and subsequently found guilty of violating the “stop and identify” […]

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 “stop and identify” a person suspected of criminal behavior. During the course of the detention, […]

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, stood outside the truck, and a young woman sat inside the truck. Threatening arrest, the […]

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 . […]

Marisa Lopez, Professional Responsibility: Tortured Independence in the Office of Legal Counsel

57 Fla. L. Rev. 685 (2005) | | | | INTRODUCTION :: “[A]n advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client.” Abu Ghraib is one of the world’s most notorious prisons. Under Saddam Hussein, it was the sight of atrocious acts of […]

Robert A. Caplen, Mending the "Fence": How Treatment of the Israeli-Palestinian Conflict by the International Court of Justice at the Hague Has Redefined the Doctrine of Self- Defense

57 Fla. L. Rev. 717 (2005) | | | | INTRODUCTION :: The problem [of Palestine] is mainly one of human relationship and political rights. Few countries have been the subject of so many general or detailed enquires . . . .” While the United States has not been wholly immune from terrorism in recent […]

Heidi Kitrosser, Containing Unprotected Speech

57 Fla. L. Rev. 843 (2005) | | | | INTRODUCTION :: The Supreme Court long has deemed a few categories of speech so harmful and so lacking in value as to be unworthy of First Amendment protection. Under this approach, which this Article calls categorization doctrine, legislatures may regulate-even ban-unprotected speech categories in their […]

Jeffrey A. Bekiares, Constitutional Law: Ratifying Suspicionless Canine Sniffs: Dog Days on the Highways

57 Fla. L. Rev. 963 (2005) | | | | TEXT :: Respondent, a motorist on an Illinois highway, was arrested and charged with one count of cannabis trafficking in contravention of chapter 720, section 550/5.1(a) of the Illinois Code. An Illinois State trooper pulled Respondent over for traveling 6 miles per hour in excess […]

Michelle Reiss Drab, Constitutional Law: Fact or Factor: The Supreme Court Eliminates Sentencing Factors and the Federal Sentencing Guidelines

57 Fla. L. Rev. 987 (2005) | | | | TEXT :: A jury convicted Respondent Booker of possession with intent to distribute at least fifty grams of cocaine, an offense carrying a sentence of 210 to 262 months in prison according to the Federal Sentencing Guidelines (the “Guidelines”). At a later sentencing hearing, the […]

Daniel Ryan Koslosky, Constitutional Law: Predictability As Fairness And The Possible Return To Federal Indeterminate Sentencing

57 Fla. L. Rev. 999 (2005) | | | | TEXT :: Respondent was convicted by a jury of possession with intent to distribute at least fifty grams of crack cocaine. During postconviction sentencing, the district court judge found, by a preponderance of evidence, that Respondent possessed an additional 566 grams of crack cocaine and […]

Christopher Wolfe, Moving Beyond Rhetoric

57 Fla. L. Rev. 1065 (2005) | | | | TEXT :: William Eskridge’s Body Politics: Lawrence v. Texas and the Constitution of Disgust and Contagion is an unusually rhetorical piece. At times it appears that Eskridge thinks that if he characterizes his opponents’ position as one of “disgust” and fear of “contagion” often enough […]

Diane Lourdes Dick, Constitutional Law: Reaffirming Every Floridian's Broad and Fundamental Right to Privacy

56 Fla. L. Rev. 447 (2004) | | | | TEXT :: In 1999, the Florida Legislature passed the Parental Notice of Abortion Act (the Act), which required minors seeking an abortion to either notify a parent prior to the procedure or obtain court approval to waive parental notice. A minor choosing the latter option […]

Blake J. Delaney, A Cruel and Unusual Application of The Proportionality Principle in Eighth Amendment Analysis

56 Fla. L. Rev. 459 (2004) | | | | TEXT :: Petitioner, Gary Ewing, while on parole, stole three golf clubs valued at approximately $ 1200 from a pro shop. Respondent, the State of California, charged Petitioner with felony grand theft of personal property. The Los Angeles County Superior Court convicted Petitioner of the […]

Daniel J. Steinbock, National Identity Cards: Fourth and Fifth Amendment Issues

56 Fla. L. Rev. 697 (2004) | | | | INTRODUCTION :: In the frenzied days and weeks following September 11, 2001, many observers called for serious consideration of a national identity system, the centerpiece of which would be some form of national identity card. Such a system was seen mainly as a tool against […]

Viet D. Dinh, Dunwody Distinguished Lecture in Law: Nationalism in the Age of Terror

56 Fla. L. Rev. 867 (2004) | | | | INTRODUCTION :: September 11, 2001 was a wake up call. Many of us, however, are still asking ourselves exactly what we woke up to and how it should define our domestic and foreign policy. Appreciating the exceptional nature of the threat, the government has embarked […]

Maxwell O. Chibundu, For God, for Country, for Universalism: Sovereignty as Solidarity in our Age of Terror

56 Fla. L. Rev. 883 (2004) | | | | INTRODUCTION :: “Nations and peoples can lose their heads.” On September 11, 2001, three hijacked jet airliners deliberately were crashed into buildings in New York City and Washington, D.C. A fourth aircraft, apparently intended for the same purpose, crashed into a field in Pennsylvania. The […]

Amitai Etzioni, On the Need for more Transnational Capacity

56 Fla. L. Rev. 921 (2004) | | | | INTRODUCTION :: Professor Dinh raises the right issue highlighted by the 9/11 Commission: what should be the post-Cold War organizing principle for the global order? Historians may well consider the period between 1989 and 2001 a confused interim, in which it was unclear what would […]

Winston P. Nagan & Craig Hammer, Patriotism, Nationalism, and the War on Terror: A Mild Plea in Avoidance

56 Fla. L. Rev. 933 (2004) | | | | INTRODUCTION :: “Terrorism is a global menace which clearly calls for global action. Individual actions by Member States, whether aimed at State or non-state actors, cannot in themselves provide a solution. We must meet this threat together.” -Kofi Annan “Major Strasser has been shot. Round […]

Jordan J. Paust, Tolerance in the Age of Increased Interdependence

56 Fla. L. Rev. 987 (2004) | | | | INTRODUCTION :: For several reasons, I hope that you will be a relatively tolerant reader. I am not sure that I can offer insights that an experienced psychiatrist or sensitive moral philosopher might lend to a discussion of love, loyalty, nationalism, patriotism, and what most […]

John Quigley, Identifying the Origins of Anti-American Terrorism

56 Fla. L. Rev. 1003 (2004) | | | | INTRODUCTION :: Professor Dinh’s analysis is directed at identifying the instrumentalities that, in his view, should cope with terrorism. His analysis is an important piece of the puzzle. Professor Dinh argues that it is nation-states, acting collectively, that should respond to terrorism, and his article […]

David E. Steinberg, The Original Understanding of Unreasonable Searches and Seizures

56 Fla. L. Rev. 1051 (2004) | | | | INTRODUCTION :: Today, the Fourth Amendment to the United States Constitution covers most government evidence-gathering activities. In search and seizure cases, after determining that the Fourth Amendment applies to an investigation, the Supreme Court then specifies the Fourth Amendment standard that governs the law enforcement […]