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Full-Text Articles in Law

Explaining Florida Man, Ira P. Robbins Oct 2021

Explaining Florida Man, Ira P. Robbins

Florida State University Law Review

"Tlorida Man" is a popular cultural phenomenon in which journalists report on Floridians' unusual (and often criminal) behavior, and readers relish in and share the stories, largely on social media. A meme based on Florida Man news stories emerged in 2013 and continues to capture people's attention nationwide. Florida Man is one of the latest unique trends to come from the Sunshine State and contributes to Florida's reputation as a quirky place. Explanations for Florida Man center on Florida's Public Records Law, which is known as one of the most expansive open records laws in the country. All states and …


Transparency's Ideological Drift, David E. Pozen Jan 2018

Transparency's Ideological Drift, David E. Pozen

Faculty Scholarship

In the formative periods of American "open government" law, the idea of transparency was linked with progressive politics. Advocates of transparency understood themselves to be promoting values such as bureaucratic rationality, social justice, and trust in public institutions. Transparency was meant to make government stronger and more egalitarian. In the twenty-first century, transparency is doing different work. Although a wide range of actors appeal to transparency in a wide range of contexts, the dominant strain in the policy discourse emphasizes its capacity to check administrative abuse, enhance private choice, and reduce other forms of regulation. Transparency is meant to make …


Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard Peltz-Steele Jun 2013

Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard Peltz-Steele

Richard J. Peltz-Steele

This article first provides background, charting the scope of record retention in relation to the freedom of information, then outlining record retention through its history and development in the federal government, through its general principles and modes of practice, through a sketch of the problems that have arisen specially in the electronic era, and through an overview of its development at the state level. The article then describes the recent history of record retention law in Arkansas, up to and including the initiative enacted by the General Assembly in 2005, and the process and product of a state working group …


The Arkansas Proposal On Access To Court Records: Upgrading The Common Law With Electronic Freedom Of Information Norms, Richard Peltz-Steele, Joi Leonard, Amanda Andrews Jun 2013

The Arkansas Proposal On Access To Court Records: Upgrading The Common Law With Electronic Freedom Of Information Norms, Richard Peltz-Steele, Joi Leonard, Amanda Andrews

Richard J. Peltz-Steele

The law and practice of court record access across United States jurisdictions is in a confused state. Public access to records in the hands of government, including court records, is a desirable norm of public policy; on this point, there is universal agreement. But there is disagreement on questions as fundamental as whether public access to court records is founded in constitutional law, or only in common law; and the extent to which court record access is the province of the courts or the legislature. And most importantly, there is widely divergent disagreement about what circumstances warrant restriction on public …


Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas Apr 2009

Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas

All Faculty Scholarship

No government official has as much unreviewable power or discretion as the prosecutor. Few regulations bind or even guide prosecutorial discretion, and fewer still work well. Most commentators favor more external regulation by legislatures, judges, or bar authorities. Neither across-the-board legislation nor ex post review of individual cases has proven to be effective, however. Drawing on management literature, this article reframes the issue as a principal-agent problem and suggests corporate strategies for better serving the relevant stakeholders. Fear of voters could better check prosecutors, as could victim participation in individual cases. Scholars have largely neglected the most promising avenue of …


Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz-Steele Jan 2006

Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz-Steele

Faculty Publications

This article first provides background, charting the scope of record retention in relation to the freedom of information, then outlining record retention through its history and development in the federal government, through its general principles and modes of practice, through a sketch of the problems that have arisen specially in the electronic era, and through an overview of its development at the state level. The article then describes the recent history of record retention law in Arkansas, up to and including the initiative enacted by the General Assembly in 2005, and the process and product of a state working group …


The Arkansas Proposal On Access To Court Records: Upgrading The Common Law With Electronic Freedom Of Information Norms, Richard J. Peltz-Steele, Joi L. Leonard, Amanda J. Andrews Jan 2006

The Arkansas Proposal On Access To Court Records: Upgrading The Common Law With Electronic Freedom Of Information Norms, Richard J. Peltz-Steele, Joi L. Leonard, Amanda J. Andrews

Faculty Publications

The law and practice of court record access across United States jurisdictions is in a confused state. Public access to records in the hands of government, including court records, is a desirable norm of public policy; on this point, there is universal agreement. But there is disagreement on questions as fundamental as whether public access to court records is founded in constitutional law, or only in common law; and the extent to which court record access is the province of the courts or the legislature. And most importantly, there is widely divergent disagreement about what circumstances warrant restriction on public …


A Hobson's Choice: Ensuring Open Government Or Conserving Government Funds, Michele L. Mekel Jan 2001

A Hobson's Choice: Ensuring Open Government Or Conserving Government Funds, Michele L. Mekel

Michele L Mekel

Part and Parcel of American democracy is the notion that governmental functions should be carried out in a manner that is open to public scrutiny and accessible to the people. Capturing this belief, sunshine laws and freedom of information statutes requiring public access to government meetings and records began to emerge as early as 1898. Following the 1966 passage of the Federal Freedom of Information Act, states that lacked such provisions adopted open records and open meetings laws. Currently all 50 states and the District of Columbia have statutory provisions that allow public access to official records and meetings. Nevertheless, …


State Government State Printing And Documents: Provide For Legislative Findings; Repeal The Prohibition Of Inspection Or Copying Of Law Enforcement Records For Commercial Solicitation; Change Provisions Relating To Inspection Reports; Provide For Circumstances When Such Reports May Be Inspected Or Copied; Provide That The Prohibitions, Procedures, And Fees Of The Article Do Not Apply When Public Records Are Requested In Writing By A Grand Jury, Taxing Authority, Law Enforcement Agency, Or Prosecuting Attorney In Certain Circumstances, John M. Merritt Sep 1999

State Government State Printing And Documents: Provide For Legislative Findings; Repeal The Prohibition Of Inspection Or Copying Of Law Enforcement Records For Commercial Solicitation; Change Provisions Relating To Inspection Reports; Provide For Circumstances When Such Reports May Be Inspected Or Copied; Provide That The Prohibitions, Procedures, And Fees Of The Article Do Not Apply When Public Records Are Requested In Writing By A Grand Jury, Taxing Authority, Law Enforcement Agency, Or Prosecuting Attorney In Certain Circumstances, John M. Merritt

Georgia State University Law Review

The Act repeals the portion of the Open Records Act that formerly authorized the State to criminally penalize those who copied Georgia Uniform Motor Vehicle Accident Reports for the purpose of soliciting lawsuits. The Act prohibits access to and copying of Georgia Uniform Motor Vehicle Accident Reports except by those individuals or entities that demonstrate in writing their need for the reports. Under the Act, only ten classes of individuals or entities qualify for this exception.


How The States Govern The News Media - A Survey Of Selected Jurisdictions, Jon H. Sylvester Jan 1986

How The States Govern The News Media - A Survey Of Selected Jurisdictions, Jon H. Sylvester

Publications

This article examines the statutory and decisional law of California, the District of Columbia, Massachusetts, New York and Texas to determine the similarities and differences of their laws regarding defamation, invasion of privacy, cameras in the courtroom, shield laws (reporter's privilege), broadcast of recorded conversations, publication of pilfered documents, open records legislation, and open meetings legislation.


Of Rights Lost And Gained, Patricia A. Dore Jul 1978

Of Rights Lost And Gained, Patricia A. Dore

Florida State University Law Review

No abstract provided.


Access To Public Documents In Kentucky, Carla Whitaker Allen Jan 1975

Access To Public Documents In Kentucky, Carla Whitaker Allen

Kentucky Law Journal

No abstract provided.