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Full-Text Articles in Law
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Florida Law Review
“For years, defense lawyers have argued the ‘young and stupid’ semidefense 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 in the 9th Circuit.” This quote, appearing on the website of an East Texas criminal defense law firm, refers to the outcome of United States v. Kuchinski. In Kuchinski, the defendant’s computer contained, in various forms, more than 15,000 images of child pornography. There was no question that Kuchinski’s volitional viewing of the images on the Internet …
Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship
Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship
Florida Law Review
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 priorities. This Article fills the gap by introducing terms of debate and proposing a framework for the SEC’s exercise of its discretion. The Article introduces the concept of “public class counsel,” a public actor that has the dual function of deterrence and victim compensation. The concept describes—and suggests limits to—the SEC’s role in a system in which …
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Florida Law Review
No abstract provided.
Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller
Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller
Florida Law Review
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 over how much merit is required to show that an appeal will raise a “substantial question.” Ten circuits define the phrase as a “close question,” based on an implausible reading of the 1984 Bail Act’s legislative history. But the Ninth Circuit has interpreted the requirement to mean that a defendant must prove that his appeal will raise …
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
Florida Law Review
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 tiny face. She had broken ribs, and the soft spot on her skull was noticeably bulging. Doctors likened some of Christina’s injuries to those commonly seen in drowning victims. However, Christina had not drowned; doctors determined that Christina’s bruises and the swelling on her brain were caused either by being shaken or by having her oxygen supply …
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Florida Law Review
No abstract provided.
In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, 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, Alisa Smith, Michael J. Saks
Florida Law Review
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 Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional-a decision based on nothing more than the ipse …