Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Not Just Kid Stuff - Extending Graham And Miller To Adults, Michael M. O'Hear Nov 2013

Not Just Kid Stuff - Extending Graham And Miller To Adults, Michael M. O'Hear

Missouri Law Review

Part II more fully unpacks the central jurisprudential values that animate Graham and Miller. By reference to these values, Part III explains how Graham and Miller may be reconciled with Harmelin and Ewing. Finally, Part IV discusses the application of Graham and Miller to one particular category of adult offenders – those sentenced under the three-strikes provision of 21 U.S.C. § 841(b)(1)(A) – and concludes that at least some of these offenders may have viable Eighth Amendment claims


Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis Jul 2013

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Trotter Review

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but I …


Shoot To Kill: A Critical Look At Stand Your Ground Laws, Tamara Rice Lave Jul 2013

Shoot To Kill: A Critical Look At Stand Your Ground Laws, Tamara Rice Lave

University of Miami Law Review

No abstract provided.


Whatever Floats The "Reasonable Observer's" Boat: An Examination Of Lozman V.City Of Riviera Beach Fla. And The Supreme Court's Ruling That Floating Homes Are Not Vessels, Kathryn D. Yankowski Jul 2013

Whatever Floats The "Reasonable Observer's" Boat: An Examination Of Lozman V.City Of Riviera Beach Fla. And The Supreme Court's Ruling That Floating Homes Are Not Vessels, Kathryn D. Yankowski

University of Miami Law Review

No abstract provided.


Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey Apr 2013

Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich Apr 2013

Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement Jan 2013

Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement

Catholic University Law Review

No abstract provided.


Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney Jan 2013

Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney

Barry Law Review

This student comment explores the problem facing Florida insurers preventing them from exercising their right to litigate bad faith causes of action in federal court. This article demonstrates how the federal removal statutes, and amendments thereto, have potentially precluded insurers from removing some bad faith actions from state to federal court under diversity jurisdiction. This article details the divergence in opinion among Florida’s Southern and Middle District Courts in interpreting the federal removal statutes and concludes with a prediction of how the split may be resolved by the Eleventh Circuit Court of Appeals.


A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman Jan 2013

A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman

Barry Law Review

This article examines the reporter's privilege in Florida and the inherent conflict between the First Amendment and Sixth Amendment as it exists between the freedom of the press and the right to a fair trial. The salient question addressed is whether the conflict between the First Amendment and the Sixth Amendment has been reconciled on the issue of a reporter's privilege by Florida courts and the Florida Legislature. The author provides both an analytic and empirical study. Analytically, the article looks to the two amendments to define a reporter's privilege and considers the history of the privilege. The article discusses …