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Full-Text Articles in Legislation
Legislative Actions To Promote And Enforce Ethical Conduct In Government, Christine Todd Whitman
Legislative Actions To Promote And Enforce Ethical Conduct In Government, Christine Todd Whitman
Journal of Legislation
No abstract provided.
Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady
Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady
Journal of Legislation
The Texas Supreme Court in the late 1990s, in two significant cases, arguably interpreted statutes to achieve a result directly opposite to the Texas Legislature’s decision to adopt a specific text. Why do lawyers and judges struggle when reading and applying legislation, especially when using enactment history? Under Professor Victoria Nourse’s legislative decision theory, the struggle is attributable to the fact that lawyers do not consider the legislature’s institutional rules and procedures to find the proper text to interpret a statute in light of the available legislative evidence. Wider implementation of her theory is hampered by current legal citation practices …
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Journal of Legislation
This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.