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State and Local Government Law

University of Miami Law School

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Full-Text Articles in Law

Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr. Jul 2018

Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr.

University of Miami Law Review

Once every twenty years, the Florida Constitution mandates the convening of a thirty-seven-member body that is charged with reviewing the state constitution and submitting any recommended changes to the general public for approval. This entity is formally known as the Constitution Revision Commission, and between March 2017 and May 2018, it met for the third time in Florida’s history. Eight amendments, some with multiple parts, were proposed, and if any of these proposals are approved by 60% of the voters in the November 2018 general election, they will become “the supreme law of the land” for the State of Florida.


The Value Of Cryptocurrencies: How Bitcoin Fares In The Pockets Of Federal And State Courts, Brandon M. Peck Dec 2017

The Value Of Cryptocurrencies: How Bitcoin Fares In The Pockets Of Federal And State Courts, Brandon M. Peck

University of Miami Business Law Review

A recent Eleventh Judicial Circuit Court of Florida decision has raised concerns over how both federal and state courts consider the unregulated cryptocurrency, Bitcoin. In State of Florida v. Michell Abner Espinoza, Judge Teresa Pooler held that Bitcoin did not fall under the statutory definitions of “payment instrument” or “monetary instrument” because virtual currency is not directly specified nor could it be included within one of the defined categories listed in Fla. Stat. § 560.103(29) or 896.101(2). Furthermore, Judge Pooler, alluding to the doctrine of lenity, refused to hold Espinoza responsible under a statute that is “so vaguely written …


Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer Aug 2016

Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer

University of Miami Law Review

In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendment because judges, rather than juries, found sentencing facts necessary to impose death. That Sixth Amendment ruling has implications for Florida’s Eighth Amendment jurisprudence.

Under the Eighth Amendment rule of Caldwell v. Mississippi, capital juries must appreciate their responsibility for death sentencing. Yet, Florida has instructed juries that their fact-findings merely support sentencing recommendations, while leaving the ultimate sentencing decision to a judge. Because Hurst clarifies that the Sixth Amendment requires juries to find the operative set of facts on which sentences are …


Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington Jan 2016

Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington

Articles

No abstract provided.


Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge Jan 2010

Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge

Articles

No abstract provided.


How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs Jan 2008

How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs

Articles

No abstract provided.


Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman Jan 2007

Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman

Articles

No abstract provided.


The Legality Of Denying State Foster Care To Illegal Alien Children: Are Abused And Abandoned Children The First Casualties In America's War On Immigration, Carolyn S, Salisbury Apr 1996

The Legality Of Denying State Foster Care To Illegal Alien Children: Are Abused And Abandoned Children The First Casualties In America's War On Immigration, Carolyn S, Salisbury

University of Miami Law Review

No abstract provided.


Cheaters, Not Criminals: Antitrust Invalidation Of Statutes Outlawing Sports Agent Recruitment Of Student Athletes, Ricardo J. Bascuas Jan 1996

Cheaters, Not Criminals: Antitrust Invalidation Of Statutes Outlawing Sports Agent Recruitment Of Student Athletes, Ricardo J. Bascuas

Articles

No abstract provided.


Temporary Regulatory Taking Under The Florida Local Government Comprehensive Planning And Land Development Regulation Act, Dennis Mele May 1989

Temporary Regulatory Taking Under The Florida Local Government Comprehensive Planning And Land Development Regulation Act, Dennis Mele

University of Miami Law Review

No abstract provided.


The Referendum Requirement: A Constitutional Limitation On Local Government Debt In Florida, Tracy Nichols Eddy Jul 1984

The Referendum Requirement: A Constitutional Limitation On Local Government Debt In Florida, Tracy Nichols Eddy

University of Miami Law Review

No abstract provided.