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Full-Text Articles in Entire DC Network
Extreme Circumstances Call For Extreme Measures: How United States V. Lyons' Radical Remedies Corrected A Grave Injustice, Samuel W. Wardle
Extreme Circumstances Call For Extreme Measures: How United States V. Lyons' Radical Remedies Corrected A Grave Injustice, Samuel W. Wardle
Florida Historical Quarterly
Over the course of a decade, Antonino "Nino" Lyons appeared before the United States District Court for the Middle District of Florida at least four times. In 2001, a jury convicted Lyons of crimes carrying a mandatory minimum sentence oflife in federal prison. In 2003, the Honorable Gregory Presnell ordered Lyons to be released on bail, only to be reversed by the Eleventh Circuit. A year later, in 2004, Judge Presnell again ordered Lyons' release, and this time, there was no appeal. Finally, in 2010, Judge Presnell took the extraordinary step of granting Lyons' petition for a certification of actual …
Shelton V. Secretary, Department Of Corrections: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act, Erika Concetta Pagano
Shelton V. Secretary, Department Of Corrections: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act, Erika Concetta Pagano
Florida Historical Quarterly
On a sunny South Florida morning, Josh, an eighteen-year-old honor student, borrowed his older brother's car to go to an early morning orthodontist appointment.
A Pioneer In Prison Reform: Costello V. Wainright And Its Paradoxical Legacy In Florida Prisons, Mariko K. Shitama
A Pioneer In Prison Reform: Costello V. Wainright And Its Paradoxical Legacy In Florida Prisons, Mariko K. Shitama
Florida Historical Quarterly
In 1972, prisoners Michael V Costello and Robert K Celestino filed separate pro se complaints in the United States District Court for the Middle District of Florida alleging overcrowded conditions and inadequate health care in Florida prisons. These claims were consolidated, amended by court-appointed counsel, and authorized by Senior United States District Judge Charles Ray Scott as a class action for declaratory and injunctive relief on behalf of all present and future Florida Department of Corrections (DOC) inmates. In their amended complaint, the plaintiffs alleged that the overcrowding and inadequate medical care in Florida prisons constituted cruel and unusual punishment …
Like Oil And Water: The Past, Present, And Future Of American Waterways Operators, Inc. V. Askew In The Ongoing Federal-State Relationship In Regulating Oil Spill Recovery, Zack Smith
Florida Historical Quarterly
Federal and state attempts to regulate recovery for oil spill damages often go together as well as oil and water. Given the recent large-scale and well-publicized Deepwater Horizon oil spill, the federal-state relationship in regulating oil spill recovery has once again come to the forefront after spending nearly two decades on the backburner since the Exxon Valdez incident in 1989. However, the United States District Court for the Middle District of Florida (Middle District) was forced to deal with this federal-state relationship long before either of these events occurred. In 1971, the Middle District took up the case of American …
A Guiding Light: Safety Harbor, Nicholas E. Williams
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, …
Limiting The Implied Rights Of Action Under The Securities Exhange Act Of 1934: Dismissing Private Claims Brought Under Section 19, Seth J. Welner
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 …
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
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, Olga Balderas
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, Alexandra Moore
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 …
Title Page, Florida Historical Society
Title Page, Florida Historical Society
Florida Historical Quarterly
Title page for Volume 92, Number 2. Includes the Table of Contents
Book Reviews, Florida Historical Society
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, Samuel Wilson
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!!, Benjamin D. Brotemarkle
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, Rosalyn Howard
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 …
Juan Ponce De Leon And The Discovery Of Florida Reconsidered, Samuel Turner
Juan Ponce De Leon And The Discovery Of Florida Reconsidered, Samuel Turner
Florida Historical Quarterly
This paper will reconsider a number of sources, both those commonly cited as well as some that are less well known, that are used in our interpretation and understanding of Juan Ponce de Leon's 1513 voyage of discovery to Florida. A number of ideas that are commonly accepted as fact are reexamined. These include the date of Ponce's first sighting of the east coast of Florida, the specific ship types used during the voyage, as well as the perception that the latitudes provided in our principal source for this voyage suffer from a "northing error." The Melbourne Beach landing theory …
Sixteenth-Century Florida In The European Imagination, John Mcgrath
Sixteenth-Century Florida In The European Imagination, John Mcgrath
Florida Historical Quarterly
What we call Florida today is the nearest part of the American mainland to the spot where Columbus landed in 1492, while North America's east coast is also the closest part of the New World to Europe's Atlantic ports. Despite the proximity, Florida remained a mysterious, perplexing land throughout the sixteenth century. For over a century, rumors and legends of various kinds of riches promised rewards to those who could find them, yet successive attempts to explore and settle were frustrating or even disastrous. By 1600, the only lasting European footprint in Florida was St. Augustine, a small outpost that …
The Historical Archaeology Of Sixteenth-Century La Florida, Kathleen A. Deagan
The Historical Archaeology Of Sixteenth-Century La Florida, Kathleen A. Deagan
Florida Historical Quarterly
Historical archaeology-also known as text-aided archaeology-is the study of the past through the integration of material remains, stratigraphic contexts, and written documents. The use of written documents provides the time frame of historical archaeological research in La Florida-that is, from the date of the arrival of Europeans (ca. 1513) and the written accounts they left. In the same way, the very notion of "La Florida"-a completely European-imposed geographical idea-also assumes a post-1513 chronology, and a spatial boundary that would have been quite alien to the indigenous peoples who lived there.
The Historiography Of Sixteenth-Century La Florida, Paul E. Hoffman
The Historiography Of Sixteenth-Century La Florida, Paul E. Hoffman
Florida Historical Quarterly
The sixteenth-century history of what the Spaniards called La Florida (roughly the entire Southeastern United States)1 starts with what to us is a mystery and ends nearly as obscurely after passing a number of well-known and oft-narrated episodes of exploration, Pedro Menendez de Aviles' founding of an enduring colony as part of the Franco-Spanish "cold war" of 1559-1593, the martyrdoms of Jesuit and then Franciscan missionaries (1571; 1597 respectively), and finally territorial rivalries as the English began their colonial ventures in eastern North America. Until the 1950s, the historiography of these well-known episodes generally reflected the interests of lay, clerical …
Book Reviews, Florida Historical Society
Book Reviews, Florida Historical Society
Florida Historical Quarterly
Johnson, Climate and Catastrophe in Cuba and the Atlantic World in the Age of Revolution. by Yovanna Pineda; Willis, Southern Prohibition: Race, Reform, and Public Life in Middle Florida, 1821-1920. by Joe L. Coker; Winter, The American Dreams of john B. Prentis, Slave Trader. by Phillip Hamilton; Pargas, The Quarters and the Fields: Slave Families in the Non-Cotton South. by Elizabeth Regosin; Moylan, Zora Neale Hurston's Final Decade. by Sharon L. Jones; Wilson, Flashes of a Southern Spirit: Meanings of the Spirit in the U.S. South. by Steven P. Miller; Dyckman, Reubin O'D. Askew and the Golden Age of Florida …
Florida's Carpenter Gothic Churches: Artistic Gems From A Victorian Past, Jack C. Lane
Florida's Carpenter Gothic Churches: Artistic Gems From A Victorian Past, Jack C. Lane
Florida Historical Quarterly
In 1930 a relatively little known regional artist named Grant Wood entered a competition at the Art Institute of Chicago where he won first place with a painting entitled "American Gothic." News sources across the country published the story of this event along with a photograph of the winning painting, which created a sensation previously unknown in the history of American art. "American Gothic," an iconic symbol of American rural life, became one of the world's best-known images. In the painting, two rural figures with stern sober appearances stand before a small Carpenter Gothic house. The figures dominate the painting …
Book Reviews, Florida Historical Society
Book Reviews, Florida Historical Society
Florida Historical Quarterly
Tinker, The Migration of Peoples from the Caribbean to the Bahamas. by Howard Johnson; Schafer, William Bartram and the Ghost Plantations of British East Florida. by Sarah E. Miller; Haynes, The Mississippi Territory and the Southwest Frontier, 1795-1817. by Angela Pulley Hudson; Ellisor, The Second Creek War: Interethnic Conflict and Collusion on a Collapsing Frontier. by Thomas Chase Hagood; Christianson, Freeing Charles: The Struggle to Free a Slave on the Eve of the Civil War. by Julie Winch; Brinkmeyer, Jr., The Fourth Ghost: White Southern Writers and European Fascism, 1930-1950. by Kathryn Lee Seidel; Clark, Red Pepper and Gorgeous George: …
Controlling Venereal Disease In Orlando During World War Ii, Claire Strom
Controlling Venereal Disease In Orlando During World War Ii, Claire Strom
Florida Historical Quarterly
Beryl Oates* was nineteen years old when Deputy Sheriff James Allen Black arrested her just after 10:00 am on a Saturday morning in February 1944 on suspicion of having a venereal disease. She was detained until she could be seen by Doctor and Captain Solomon Kolack who worked for the US Public Health Service as the disease control officer for Orange County, Florida. When he saw her, Kolack would have tested Beryl for syphilis and, if she tested positive, she would have probably been confined in the rapid treatment center in Ocala for a lengthy and painful course of arsenic …
A Liberated Journalist And Yankee Women On The Florida Frontier, John T. Foster, Jr
A Liberated Journalist And Yankee Women On The Florida Frontier, John T. Foster, Jr
Florida Historical Quarterly
Journalist Ellen Augusta Hill wrote an unusual newspaper column for two years in the 1880s- one that contains both her own extraordinary ideas and many of those of her rural readers. By tracing the journalist's effort and the response it helped to generate, a picture emerges of women who have received little attention in Florida history. Neither Hill nor her followers were native-born Floridians, or even Southerners. They were Yankee women who came from New York and, perhaps surprisingly, from both Ohio and Illinois. The topics covered by Hill and the dialogue engendered departed from earlier journalistic activities in Florida. …
Wealth, Desire, And Consequences Of The Antebellum Slaveholder, Macaira L. Mullen
Wealth, Desire, And Consequences Of The Antebellum Slaveholder, Macaira L. Mullen
The Purdue Historian
In the United States’ Declaration of Independence it articulates, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness.” Walter Johnson’s book Soul by Soul delves deep into the “Life Inside the Antebellum Slave Market.” The enslaved female’s life was lived as the purchased property of a white slaveholding male. This book raised some good thoughts to go along with it. Such as, looking into the slaveholder after purchase. If there were conflicted …
Autherine Lucy & The University Of Alabama Integration At U Of A 1952-1956, Tamera Lott
Autherine Lucy & The University Of Alabama Integration At U Of A 1952-1956, Tamera Lott
Masters Theses & Specialist Projects
Located in Tuscaloosa, Alabama, the University of Alabama was chartered in 1820 and is Alabama’s oldest public university. Prior to 1956, the University was segregated; admission was limited to white men and women. On February 3, 1965, Miss Autherine Lucy stepped foot on campus for the first time to attend classes at the University; history was made as she was the first African American present. Lucy’s attendance stirred conflict throughout campus and the state of Alabama. Unbeknownst to many, Lucy’s attendance garnered both national and international attention. The central argument here is that Lucy’s experiences at the University of Alabama …
The Federal Elections Bill And The End Of Reconstruction In 1890, Elisa Hink
The Federal Elections Bill And The End Of Reconstruction In 1890, Elisa Hink
Calvert Undergraduate Research Awards
The Reconstruction Era within U.S. History is (generally) defined as commencing in 1865 and ending in 1877; however, the social, cultural, and political impact of this time in the nation’s history suggests that its ending is less tidy. Those who worked both for and against the progressive goals of Reconstruction continued their efforts beyond 1877. The Federal Elections Bill of 1890 was written with intent by the remaining Reconstruction Republicans to provide federal oversight to elections, which had become a primary target of Democrats in the former Confederate states as they regained their power. Efforts within these states to prevent …
In The Grip Of Grippe: The 1918 Influenza Pandemic Viewed Through A Cross-Section Of American Society, Carole C. Thomas
In The Grip Of Grippe: The 1918 Influenza Pandemic Viewed Through A Cross-Section Of American Society, Carole C. Thomas
All Theses
In 1918, a virulent strain of influenza swept the world, infecting as many as 500 million people and killing at least 50 million, 675,000 of whom were in the United States. Despite the many advances that had been made in science and medicine, even the best medical professionals were helpless against the disease. Lawmakers, too, were limited in what they could do to respond to the emergency, especially as the demands of the First World War remained a priority. Through an examination of the response to the flu in a cross-section of American society– national, state, and local – this …
As Seen On Screen: American Ambivalence Shown Through Death Penalty And Vigilante Films, Lisette Donewald
As Seen On Screen: American Ambivalence Shown Through Death Penalty And Vigilante Films, Lisette Donewald
Honors Scholar Theses
The United States is one of the last western nations still practicing capital punishment. A history of and commitment to vigilantism and its ideals offers an explanation of America’s retention of capital punishment. Employing scholarship on law and popular culture and vigilantism, this thesis finds that pro-death penalty frames are prevalent in vigilante films while anti-death penalty frames are prevalent in films that focus specifically upon capital punishment. Since the 1960’s however, there has been a gradual shift towards anti-death penalty frames and away from pro-death penalty frames as well as changes in the themes presented in the two genres …
The Use Of Native American Literature For Teaching Native American History, Charles Democker
The Use Of Native American Literature For Teaching Native American History, Charles Democker
Senior Honors Theses
hite historians, schools, and writers have produced works that teach inaccurate and biased subjects that surround Native American history and culture. While most of this inaccurate and racist writing comes from the nineteenth and twentieth centuries, Indigenous authors, both past and present, have written works that have the potential to give more historically accurate and thorough representations of their people and culture. This thesis examines three novels written by Indigenous authors to argue for using Native American fiction to correct misrepresentation of Native culture by white writers. In contrast to both novels and histories written by white people, Native American …
20,000 Feet Between: The Experiential Disparities Of Precision Bombing In Austrian Bomb Victims And American Bombardiers, 1945, Emily E. Hanish
20,000 Feet Between: The Experiential Disparities Of Precision Bombing In Austrian Bomb Victims And American Bombardiers, 1945, Emily E. Hanish
LSU New Orleans Theses and Dissertations
From November 1944 until May 1945, the 57th Bomb Wing executed the “Battle of the Brenner” to incapacitate the German war machine. As a result of five campaign missions from March – April 1945, the USAAF not only decimated the village of Matrei am Brenner and Trautson Castle, but also killed dozens of civilians. Recent archaeological excavations at Medieval Trautson Castle prompted serious questions about the USAAF’s bombardment strategies and ethics, especially regarding precision bombing. By analyzing these bombing missions, this thesis will delineate the “Battle of the Brenner” within the evolution of the USAAF’s bombardment doctrine in order …