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Articles 31 - 60 of 299
Full-Text Articles in Law
Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran
Seattle Journal of Environmental Law
Currently, it is legal to possess, sell and purchase shark fins in 38 states, Florida included. Fishermen are allowed to harvest sharks all around the world with minimal surveillance and weak regulation, causing greed to push a 400-million-year old species to the brink of extinction. Florida’s current statue is completely ineffective and toothless when it comes to shark conservation. The State needs to amend its shark fin law prohibiting the trade in all detached shark fins, for any purpose, by anyone to discontinue fueling a cruel practice. There is a federal bill pending in congress that would ban the trade …
Arena Football League V. Bishop, Patrick Kennedy
Arena Football League V. Bishop, Patrick Kennedy
NYLS Law Review
No abstract provided.
The Democracy Ratchet, Derek T. Muller
The Democracy Ratchet, Derek T. Muller
Indiana Law Journal
This Article proceeds in five Parts. Part I identifies recent instances in which federal courts have invoked a version of the Democracy Ratchet. It identifies the salient traits of the Democracy Ratchet in these cases. Part II describes why the Democracy Ratchet has gained attention, primarily as a tactic of litigants and as a convenient benchmark in preliminary injunction cases. Part III examines the history of the major federal causes of action concerning election administration—Section 2 of the Voting Rights Act, the Burdick balancing test, and the Equal Protection Clause. In each, it traces the path of the doctrine to …
Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino
Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino
St. Thomas Law Review
This Comment will examine the advantages and disadvantages of direct file statutes, focusing primarily on Florida. Part II of this Comment analyzes the three different types of waiver-judicial, legislative, and prosecutorial-and discusses Florida's juvenile transfer laws, specifically Florida's direct file statute. Part III discusses the issues stemming from Florida's direct file statute, particularly that the statute is arbitrary, does not deter crime, increases recidivism, and goes against the Supreme Court finding that juveniles are different from adults. Lastly, Part IV proposes to eliminate discretionary prosecutorial direct file, and how the Florida Legislature can limit prosecutors' discretionary power in the meantime.
Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff
Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff
Touro Law Review
No abstract provided.
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.
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.
State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart
State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart
Michigan Law Review Online
Partisan gerrymandering is the process of drafting state and congressional districts in a manner that gives one political party an advantage over another. The end goal is simple: help your party win more seats or protect existing ones. The tactic is as old as the United States. In 1788, Patrick Henry convinced the Virginia state legislature to draw the 5th Congressional District to pit his rival James Madison against James Monroe. The term “gerrymander” itself is a hybrid: in 1810, democratic Governor Gerry signed a partisan redistricting plan into law—one that contained a district that infamously looked like a salamander. …
Watch Or Report? Livestream Or Help? Good Samaritan Laws Revisited: The Need To Create A Duty To Report, Patricia Grande Montana
Watch Or Report? Livestream Or Help? Good Samaritan Laws Revisited: The Need To Create A Duty To Report, Patricia Grande Montana
Cleveland State Law Review
In July 2017, a group of five Florida teenagers taunted a drowning disabled man while filming his death on a cell phone. In the video, the teenagers laughed and shouted harsh statements like "ain’t nobody finna to help you, you dumb bitch." At the moment the man’s head sank under the water for the very last time, one of the teenagers remarked: "Oh, he just died" before laughter ensued. None of the teenagers helped the man, nor did any of them report the drowning or his death to the authorities.
Because the Good Samaritan law in Florida, like in most …
It's Always Sunny In Florida: Reexamining The Role Of Energy Monopolies After Recent Solar Ballot Initiatives, Lauren Gillespie
It's Always Sunny In Florida: Reexamining The Role Of Energy Monopolies After Recent Solar Ballot Initiatives, Lauren Gillespie
William & Mary Environmental Law and Policy Review
No abstract provided.
Supreme Court Makes It Easier For People To Win Big, Alexandra Eichner
Supreme Court Makes It Easier For People To Win Big, Alexandra Eichner
Nova Law Review
No abstract provided.
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
St. Thomas Law Review
The supreme law of the land states: ". . .the right of the people to keep and bear arms shall not be infringed." The Supreme Court has found that the right to bear arms for self-defense is protected by the Constitution. Most states have expanded on this right and allow individuals to carry concealed weapons as long as they become licensed by the state. However, this right to carry concealed weapons is surely subject to limitations.' In the state of Florida, concealed weapon permit holders are prohibited from carrying on college or university campuses. This restriction is not beneficial to …
Nova Law Review Full Issue Volume 43, Issue 1
Florida Family Law Bounds Of Advocacy: A Mandate For Collaborative Practice, Joshua A. Jones Esq.
Florida Family Law Bounds Of Advocacy: A Mandate For Collaborative Practice, Joshua A. Jones Esq.
Nova Law Review
No abstract provided.
Is The End Of The Opioid Epidemic Near? Florida And Other States Attempt To Address The Crisis By Passing New Limits On Opioid Prescriptions, Danna Khawam
Nova Law Review
No abstract provided.
An Eye For An Eye Will Make The Whole World Blind: How Restorative Justice Will Help Florida See Again, Amber Massey
An Eye For An Eye Will Make The Whole World Blind: How Restorative Justice Will Help Florida See Again, Amber Massey
Nova Law Review
No abstract provided.
The Value Of Cryptocurrencies: How Bitcoin Fares In The Pockets Of Federal And State Courts, Brandon M. Peck
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 …
Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder
Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder
Fordham Environmental Law Review
No abstract provided.
Friends Or Foes? The Problem Of South Florida’S Invasive Mangroves, Kelly J. Cox, Rafael J. Araújo
Friends Or Foes? The Problem Of South Florida’S Invasive Mangroves, Kelly J. Cox, Rafael J. Araújo
Pace Environmental Law Review
A recent global review on the impacts of climate change on mangroves concluded that different regions will experience varying degrees of impacts due to the variability of expected changes in climate (shifts in precipitation, frequency and intensity of storms, droughts, sea level rise, change of ocean currents, increases in CO2 concentrations, etc.) and the variety of types and mangrove assemblages growing in these regions, including different species composition of mangrove forests. In North America and the Caribbean, these changes are dependent upon a predicted higher frequency (and intensity) of tropical storms, sea level rise, changes in patterns of precipitation, and …
Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez
Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez
Barry Law Review
No abstract provided.
Resuscitating The Non-Delegation Doctrine: A Compromise And An Experiment, A. J. Kritkos
Resuscitating The Non-Delegation Doctrine: A Compromise And An Experiment, A. J. Kritkos
Missouri Law Review
An autopsy of federal non-delegation jurisprudence reveals an interesting insight: the Supreme Court has never repudiated the theoretical underpinnings of the non-delegation doctrine or questioned its importance in maintaining the separation of powers. Instead, the Court has whittled the non-delegation doctrine down to a nub because of practical concerns with implementing it. First, the Court has stated that there is an insurmountable line-drawing problem that occurs when delineating a permissible delegation from an impermissible one. And second, the Court has asserted that the non-delegation doctrine cannot be seriously enforced in a complex, modern society without disastrous consequences. I argue that …
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Barry Law Review
No abstract provided.
State And Local Procedural Injustices In Environmental Regulation: The Experiences Of Tallevast, Florida, Brett M. Paben
State And Local Procedural Injustices In Environmental Regulation: The Experiences Of Tallevast, Florida, Brett M. Paben
William & Mary Environmental Law and Policy Review
Government decisions made at the local and state level are those that most often directly affect communities. Participatory and procedural protections under state and local, rather than federal law, therefore, largely control the ability of grassroots environmental justice advocates to shape government decisions important to their communities. Thus, significant disparities in the standards of procedural justice differ not only by which state an environmental justice community happens to be located in, but also by the type of local government with authority over that community. Frequently, this diminishes the empowerment efforts of communities found in unincorporated areas. The community found in …
The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman
The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman
Northwestern Journal of Law & Social Policy
This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.
Nova Law Review Full Issue Volume 42, Issue 1
The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell
The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell
University of Massachusetts Law Review
This Article tells the legal story of one of the South’s most infamous trials – the Groveland Boys prosecution in central Florida. Called “Florida’s Little Scottsboro,” the Groveland case garnered international attention in 1949 when four young black men were accused of the gang rape of a white woman in the orange groves north of Orlando. Several days of rioting, Ku Klux Klan activity, three murders, two trials, and three death penalty verdicts followed, in what became the most infamous trial in Florida history. The appeals of the trial reached the United States Supreme Court, with the NAACP’s Thurgood Marshall …
Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang
Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang
Michigan Journal of Environmental & Administrative Law
Millions of genetically engineered (GE) mosquitoes could soon be released in Key West, Florida as an effort to eradicate wild mosquitoes that are transmitters of diseases such as malaria, dengue, and chikungunya. Both international and domestic regulations fail to provide effective regulatory schemes that can facilitate the application of this technology while ensuring all safety and environmental aspects are properly addressed. The Food and Drug Administration’s assertion of jurisdiction is based on its assessment that the GE mosquitoes are “animal drugs” under the Federal Food, Drug, and Cosmetic Act. This is especially troublesome because the end goal of using these …
The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida, Ta’Lor Mcfarland
Barry Law Review
No abstract provided.
Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer
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 …
Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano
Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano
University of Miami Race & Social Justice Law Review
Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency …
Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely
Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely
William & Mary Environmental Law and Policy Review
No abstract provided.