American Yearbook: An Early Portrait Of The Market Participant Exception To The Dormant Commerce Clause,
2022
University of Central Florida
American Yearbook: An Early Portrait Of The Market Participant Exception To The Dormant Commerce Clause, Cem Akleman
Florida Historical Quarterly
In American Yearbook Co. v. Askew, a three-judge panel of the U.S. District Court for the Middle District of Florida upheld several Florida laws requiring that printed materials purchased by the state be manufactured in Florida. The court held that the laws were proper under the Dormant Commerce Clause and the Equal Protection Clause of the Fourteenth Amendment and constituted a proper delegation of power by the Florida Legislature under the Florida Constitution. The opinion was later summarily affirmed by the Supreme Court and subsequently cited by the Court in opinions that set forth the market participant exception to the …
A Guiding Light: Safety Harbor,
2022
University of Central Florida
A Guiding Light: Safety Harbor, Nicholas E. Williams
Florida Historical Quarterly
The sky is falling! The skyis falling! Or is it? Today, courts across the country face a difficult task in light of the Supreme Court's recent decision regarding bankruptcy courts' jurisdiction, Stern v. Marshall. Stern held bankruptcy courts are constitutionally proscribed from entering final judgment based on a private, state-law counterclaim "that is not resolved in the process of ruling on a creditor's proof of claim." A bankruptcy court must now consider Stern when a litigant objects to the court's authority. With over 3,000 adversary proceedings pending in the Middle District of Florida for the month of July 2012 alone, …
Lives Revisited: Drawing The Line Between History And Hollywood,
2022
University of Central Florida
Lives Revisited: Drawing The Line Between History And Hollywood, Brian M. Stewart
Florida Historical Quarterly
No one knows exactly what happened on the final voyage of the fishing vessel Andrea Gail or the exact circumstances surrounding how the six crew members aboard met their demise. However, many became familiar with the story of the Andrea Gail and her crew through Sebastian Junger's book about the one-of-a-kind weather phenomenon that caused those six men to perish at sea. Many more became familiar with the story when Warner Bros. Pictures ("Warner Bros.") released the film The Perfect Storm based on Junger's book, featuring a number of high-profile actors such as George Clooney, Diane Lane, and Mark Wahlberg.
Limiting The Implied Rights Of Action Under The Securities Exhange Act Of 1934: Dismissing Private Claims Brought Under Section 19,
2022
University of Central Florida
Limiting The Implied Rights Of Action Under The Securities Exhange Act Of 1934: Dismissing Private Claims Brought Under Section 19, Seth J. Welner
Florida Historical Quarterly
Implied private remedies, often cited as a judicial infringement on congressional power-that is, a violation of the separation of powers-have become commonplace in some areas of securities regulation. The better practice, however, is to limit private litigation in the securities arena and promote an internal resolution of conflicts within self-regulatory organizations (SROs) with the Securities Exchange Commission (SEC) acting as a congressional watchdog. This was the approach that Judge Elizabeth Kovachevich endorsed in Raymond James with respect to §19 of the 1934 Securities Exchange Act, an approach that remains today's standard. This comment considers the possible implications of an alternative …
You've Come A Long Way, Baby: Stripping Pornography From America's Workplace,
2022
University of Central Florida
You've Come A Long Way, Baby: Stripping Pornography From America's Workplace, Tara R. Price
Florida Historical Quarterly
In Robinson v. Jacksonville Shipyards, Inc., the United States District Court for the Middle District of Florida became the first court in the country to hold that the presence of pornography in the workplace-by itself-could constitute a hostile working environment for women, actionable under Title VII of the Civil Rights Act of 1964. Prior to Robinson, courts frequently concluded that Title VII offered no protection to women who felt victimized by the presence of "sexually-oriented pictures and sexual remarks" in the workplace, so long as overt actions targeting particular female employees did not also exist. The opinion-written by Judge Howell …
Civil Cases Of The Middle District Of Florida,
2022
University of Central Florida
Civil Cases Of The Middle District Of Florida, Susan Black
Florida Historical Quarterly
Editor's Note: Judges Black and Schlesinger and Attorney Sylvia Wal bolt presented the overview of the civil cases as a panel discussion using slides to illustrate case points. Their presentation has been modified for a reading audience. Bankruptcy Judge Karen Jennemann introduced the panel.
History In More Than Black And White: The Story Of One District Judge Who Faced Down A Fiery Desegregation Controversy And Created A Lasting Legacy,
2022
University of Central Florida
History In More Than Black And White: The Story Of One District Judge Who Faced Down A Fiery Desegregation Controversy And Created A Lasting Legacy, Lauren Millcarek
Florida Historical Quarterly
On January 29, 1970, Judge Ben Krentzman ordered the school board of Manatee County, Florida, to desegregate through the use of busing. This ruling seems innocuous enough in hindsight, certainly a common event in that era. At the time, however, the case of Harvest v. Board of Public Instruction prompted a clash between the determined district judge from the Middle District of Florida and the firebrand, reelection-seeking Governor Claude R. Kirk, Jr.-a controversy that made national news. And though these juicy facts have long since faded into the past, the ramifications of the Harvest decision are still being felt today. …
The Complex Legacy Of School Desegregation In Duval County,
2022
University of Central Florida
The Complex Legacy Of School Desegregation In Duval County, Olga Balderas
Florida Historical Quarterly
In 1971, in Mims v. Duval County School Board, United States District Court Judge Gerald Tjoflat, with the goal of eliminating the vestiges of legalized public school segregation, issued an order re-assigning students in Duval County. The order, which mandated the closing of several schools and affected thousands of students in schools across the county, temporarily resolved years of litigation and resulted in the almost immediate integration of Duval County schools. The Mims desegregation order has been rightly praised for resulting in the swift integration of Duval County schools; something that the Duval County School Board was unable to accomplish …
Constitutional Law: Eradicating The Effects Of Past Purposeful Racial Discrimination In The Public School System,
2022
University of Central Florida
Constitutional Law: Eradicating The Effects Of Past Purposeful Racial Discrimination In The Public School System, Alexandra Moore
Florida Historical Quarterly
In 1979, the United States District Court for the Middle District of Florida issued the seminal decision of Debra P. v. Turlington, which would help pave the way for creating a public school system that was no longer marred by past racial discrimination. Judge George C. Carr presided for the court and ruled that requiring students to pass a functional literacy test before receiving a high school diploma disproportionately barred black students from receiving diplomas due to the inferior education they had received as a result of the past segregation of public schools.2 Judge Carr held that the testing requirement …
Creating The United States District Court For The Middle District Of Florida,
2022
University of Central Florida
Creating The United States District Court For The Middle District Of Florida, James M. Denham
Florida Historical Quarterly
The creation of the Middle District was tied up in fundamental changes that, in the mid-1950s, were working social, cultural, political, and all manner of other revolutions in the Sunshine State. The Middle District was carved out of the Southern District of Florida, a huge district that spanned the entire peninsula from the Georgia border to the Florida Keys. The new district resembled a cross ways slash of territory running from the Georgia border as far south as Brevard County before it swung west and south all the way down the peninsula to the southern boundary of Lee County. After …
Segregation/Integration In The Middle District Of Florida,
2022
University of Central Florida
Segregation/Integration In The Middle District Of Florida, William Terrell Hodges
Florida Historical Quarterly
On a Monday May 18, 1896, the Supreme Court of the United States announced its decision in Plessy v. Ferguson. The Court found that a statute in Louisiana requiring railroad companies to provide separate passenger cars for the white and black races did not offend the Equal Protection Clause of the 14th Amendment. In its opinion, the Court relied upon decisions of several state supreme courts which upheld the provision of separate educational opportunities for children of both races. For almost six decades, Plessy v. Ferguson was accepted as Supreme Court justification or authority for the maintenance of separate school …
Fifty Years Of Central Florida History Through The Lens Of The Federal Courts,
2022
University of Central Florida
Fifty Years Of Central Florida History Through The Lens Of The Federal Courts, Richard S. Dellinger
Florida Historical Quarterly
Fifty years ago, Central Florida schools were segregated by race; population was beginning to swell; development was beginning; airports were not used for significant travel; Disney, Universal and Sea World had not yet arrived; and the Space Race had just started. Central Florida has seen much change over the past fifty years. And, all throughout those fifty years, our courts have been a witness to the changes in Central Florida.
Note From The Fhq Editors,
2022
University of Central Florida
Note From The Fhq Editors, Connie L. Lester
Florida Historical Quarterly
The publication of the 2012 Symposium celebrating the Fiftieth Anniversary of the United States District Court of the Middle District of Florida has been a two-year project. Attorneys Richard S. Dellinger and T. Michael Woods first approached the University of Central Florida Department of History for assistance in organizing the symposium in 2011. In the course of discussions on the format of the symposium, the idea of publishing the papers as a special issue of the Florida Historical Quarterly emerged.
Title Page,
2022
University of Central Florida
Title Page, Florida Historical Society
Florida Historical Quarterly
Title page for Volume 92, Number 2. Includes the Table of Contents
End Notes,
2022
University of Central Florida
End Notes, Florida Historical Society
Florida Historical Quarterly
Florida Frontiers: The Weekly Radio Magazine of the Florida Historical Society; Florida Historical Quarterly Podcasts; Florida Historical Quarterly Joins JSTOR; Florida Historical Quarterly now on Facebook; Lawton M. Chiles Center for Florida History Presents the 2013-2014 Florida Lecture Series; Gulf South History and Humanities Conference; Guidelines for Submissions to the Florida Historical Quarterly
Book Reviews,
2022
University of Central Florida
Book Reviews, Florida Historical Society
Florida Historical Quarterly
Davis, The Rogue Republic: How Would-Be Patriots Waged the Shortest Revolution in American History. by Miles Smith; Hatch, Osceola and the Great Seminole War: A Struggle for Justice and Freedom. by Patricia Riles Wickman; Marotti, The Cana Sanctuary: History, Diplomacy, and Black Catholic Marriage in Antebellum St. Augustine, Florida. by Larry Eugene Rivers; Gallagher, The Union War. by Brian Craig Miller; Weinfeld, The Jackson County War: Reconstruction and Resistance in Post-Civil War Florida. by Will Guzman; Frantz, The Door of Hope: Republican Presidents and the First Southern Strategy, 1877-1933. by R. Matthew Poteat; Bowen, The Roots of Modern Conservatism: Dewey, …
Conquerors, Peacekeepers, Or Both? The U.S. Army And West Florida, 1810-1811, A New Perspective,
2022
University of Central Florida
Conquerors, Peacekeepers, Or Both? The U.S. Army And West Florida, 1810-1811, A New Perspective, Samuel Wilson
Florida Historical Quarterly
The Louisiana Purchase did not remove Spanish posts along the east bank of the Mississippi River. These posts could still choke off commerce at New Orleans, and American leaders immediately began pressing Spain to cede West Florida. Spain rejected U.S. demands, Napoleon refused to compel its acquiescence, and U.S officials became increasingly belligerent. The commanding general of the U.S. Army, Brigadier General James Wilkinson, repeatedly sought permission to seize West Florida, an area that included the eastern parishes of Louisiana and parts of present day Mississippi, Alabama and Florida. President Jefferson's reluctance to mobilize an adequate force precluded military action …
The Florida Historical Society Presents An Original Courtroom Drama: Ponce De Leon Landed Here!!,
2022
University of Central Florida
The Florida Historical Society Presents An Original Courtroom Drama: Ponce De Leon Landed Here!!, Benjamin D. Brotemarkle
Florida Historical Quarterly
Juan Ponce de Leon's first visit to Florida in 1513, changed the course of history. The people who had inhabited this land for more than ten thousand years would have their existence forever altered. Ponce's "discovery" of the Gulf Stream paved the way for the first European colonization of America, and he gave our state its name.
Looking For Angola: An Archaeological And Ethnohistorical Search For A Nineteenth Century Florida Maroon Community And Its Caribbean Connections,
2022
University of Central Florida
Looking For Angola: An Archaeological And Ethnohistorical Search For A Nineteenth Century Florida Maroon Community And Its Caribbean Connections, Rosalyn Howard
Florida Historical Quarterly
The "Looking for Angola" project (LFA) commenced on December 12, 2004 when shovels broke ground on the south side of the Manatee River at the point where it meets the Braden River. Based upon historical research, this area is believed to be the former location of Angola. Historian John Lee Williams referred to it as "Negro Point,"1 but in a land claim document filed by two Cuban fishermen it was labeled "Angola."2 The groundbreaking marked the realization of Project Director Vickie Oldham's wish to relate the story of early African American settlers in the Tampa Bay-Sarasota area of Florida. While …
Title Page,
2022
University of Central Florida
Title Page, Florida Historical Society
Florida Historical Quarterly
Title page for Volume 92, Number 1. Includes the Table of Contents
