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Cumulative Index, Volume 92, Florida Historical Society
Cumulative Index, Volume 92, Florida Historical Society
Florida Historical Quarterly
No abstract provided.
End Notes, Florida Historical Society
End Notes, Florida Historical Society
Florida Historical Quarterly
The Florida Historical Society Archaelogical Institute (FHSAI); Florida Frontiers: The Weekly Radio Magazine of the Florida Historical Society; Florida Historical Society 2014 Award Recipients; Dorothy Dodd Lifetime Achievement Award; Florida Historical Quarterly Podcasts; Florida Historical Quarterly Joins JSTOR; Florida Historical Quarterly now on Facebook; Guidelines for Submissions to the Florida Historical Quarterly
Book Reviews, Florida Historical Society
Book Reviews, Florida Historical Society
Florida Historical Quarterly
Foster, Climate and Culture Change in North America AD 900-1600. by David McCally; Din, War on the Gulf Coast: The Spanish Fight against William Augustus Bowles. by Kristofer Ray; Millett, The Maroons of Prospect Bluff and Their Quest for Freedom in the Atlantic World. by Jeffrey L. Fortney; Lawson, Jim Crow's Counterculture: The Blues and Black Southerners, 1890-1945. by Court Carney; Reid and Bennett, eds., Beyond Forty Acres and a Mule: African American Landowning Families since Reconstruction. by Dolita D. Cathcart; Boyd, Georgia Democrats, the Civil Rights Movement, and the Shaping of the New South. by Sarah H. Brown; De …
Race, Education, And Regionalism: The Long And Troubling History Of School Desegregation In The Sunshine State, Irvin D. S. Winsboro
Race, Education, And Regionalism: The Long And Troubling History Of School Desegregation In The Sunshine State, Irvin D. S. Winsboro
Florida Historical Quarterly
In 1845, as Florida joined the Union, the state legislature promulgated a law which stated that any "assemblies ... by free negroes and mulattoes, slave or slaves, shall be punished ... with a fine not exceeding twenty dollars, or stripes, not exceeding thirty-nine." This measure, along with extensive and punitive slave codes, virtually eliminated opportunities to establish African American schools in the newest slaveholding state. Florida, true to the code of the white South, wanted to eliminate opportunities for slaves and free blacks to congregate and to pursue education for their children. Although based on the pervasive racial norms of …
Book Reviews, Florida Historical Society
Book Reviews, Florida Historical Society
Florida Historical Quarterly
Jennings, New Worlds of Violence: Cultures and Conquests in the Early American Southeast. by David A. Nichols; Frank and Kilbride, eds, Southern Character: Essays in Honor of Bertram Wyatt-Broum. by Adam Tate; Carey, Sold Down the River: Slavery in the Lower Chattahoochee Valley of Alabama and Georgia. by Lauren K. Thompson; Bush, I Fear I Shall Never Leave This Island: Life in a Civil War Prison. by Steven J. Ramold; Barnes, ed., The Materiality of Freedom: Archaeologies of Postemanicipation Life. by Stacy Pratt McDermott; Way, Conerving Southern Longleaf: Herbert Stoddard and the Rise of Ecological Land Management. by Tom Okie; …
End Notes, Florida Historical Society
End Notes, Florida Historical Society
Florida Historical Quarterly
In Memorium: Patrick Smith (1927-2014); Annual Meeting and Symposium of the Florida Historical Society; The FLorida Historical Society Archaelogical Institute (FHSAI); 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; Guidelines for Submissions to the Florida Historical Quarterly
Colonialism On The Spanish Florida Frontier: Mission San Luis, 1656-1704, Bonnie G. Mcewan
Colonialism On The Spanish Florida Frontier: Mission San Luis, 1656-1704, Bonnie G. Mcewan
Florida Historical Quarterly
The status of indigenous chiefs in the Americas was acknowledged by Spaniards in 1492.1 This resulted in a hierarchical social order of republics, including "a Republic of Spaniards, a Republic of Indians, and a "third order" of free blacks and mixed bloods ... presumed to have an African taint."2 During the seventeenth century, this framework became an important element in structuring the Indies and other colonies such as La Florida.3 In exchange for allegiance and tribute obligations, chiefs received special privileges, immunities, honorific titles, and material gifts that reinforced their status. However, the recognition of native nobility and indigenous political …
Our Experience In The History Of The Middle District Of Florida And The Speedy Trial Clause Of The Sixth Amendment, William J. Sheppard
Our Experience In The History Of The Middle District Of Florida And The Speedy Trial Clause Of The Sixth Amendment, William J. Sheppard
Florida Historical Quarterly
Marc Doggett was charged by indictment with conspiracy to import and distribute cocaine. He called and made an appointment a few days after he had been arrested in Reston, Virginia. The case itself was in Jacksonville, Florida, so he came to Jacksonville and hired us. I'm not altogether clear how Mr. Doggett found me, but the minute I met him, I knew what his avenue of escape from the clutches of the United States might be. I recall meeting with Marc in the conference room in the afternoon and, during the course of our conversation, I had the folks in …
Early Jail And Prison Conditions Litigation In The Middle District Court, William J. Sheppard
Early Jail And Prison Conditions Litigation In The Middle District Court, William J. Sheppard
Florida Historical Quarterly
Today, jails and prisons throughout the Middle District of Florida (Middle District) are hardly places a person would want to spend the night. However, those currently incarcerated in the Middle District have had many rights secured for them which did not exist prior to the existence of that Court. The story of prison reform in the Middle District illustrates the power hardworking, courageous pro se plaintiffs, attorneys, and judges can wield to ensure all inmates receive the constitutional liberties and protections to which they are entitled.
Uses And Potential Abuses Of Federalism, Robert Batey
Uses And Potential Abuses Of Federalism, Robert Batey
Florida Historical Quarterly
For the Criminal Cases Panel at the symposium celebrating the fiftieth anniversary of the Middle District of Florida, the United States Attorney's Office proposed seven prosecutions that in the words of one of the panel's participants, the office was "particularly proud of." Given my choice of those cases to discuss, I picked four that give perspectives on the uses and potential abuses of federalism.
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 …
Crimes Defining Our Time: Notable Criminal Cases From The First Fifty Years Of The Middle Distric Of Florida, Anthony E. Porcelli
Crimes Defining Our Time: Notable Criminal Cases From The First Fifty Years Of The Middle Distric Of Florida, Anthony E. Porcelli
Florida Historical Quarterly
Since the inception of the Middle District of Florida in 1962, the breadth of cases prosecuted in the District during the first five decades has covered the spectrum of the federal criminal code. The courthouses in the District have certainly housed many nationally significant and high profile cases, all worthy of extensive discussion and debate. Given the nature and scope of the many significant prosecutions, it is a difficult task to select just a few notable criminal cases. The nine cases discussed below have not been selected based upon the success of the government or defense in the case, but …
A Speedbump On The Information Superhighway: Pushing Copyright Law Into The Online Era, Benjamin H. Eisenberg
A Speedbump On The Information Superhighway: Pushing Copyright Law Into The Online Era, Benjamin H. Eisenberg
Florida Historical Quarterly
George Frena owned and operated a small-scale subscription bulletin board service ("BBS") that was freely accessible to customers online via telephone modem. The BBS functioned much like an online library, allowing customers who had either paid a fee or purchased a certain amount of products from Frena to connect via the Internet and "browse through different BBS directories to look at pictures" and "download...copies of the photographs...from Frena's computer onto their home computer." In addition to general file-sharing, one of the BBS's more popular features was that subscribers could, among other things, upload and download "adult content matter" to and …
American Yearbook: An Early Portrait Of The Market Participant Exception To The Dormant Commerce Clause, Cem Akleman
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 …
Otherwise Qualified: The Rehabilitation Act Of 1973 And The Origin Of The Direct Threat Defense, Patrick D. Flamming
Otherwise Qualified: The Rehabilitation Act Of 1973 And The Origin Of The Direct Threat Defense, Patrick D. Flamming
Florida Historical Quarterly
In an effort to integrate individuals with disabilities into society and abate employment discrimination, Congress passed the Rehabilitation Act of 1973 (Act). While the Act more clearly applied to certain individuals with disabilities, the Act's construction seemingly left undefined whether individuals with contagious diseases were afforded the same coverage. The case giving rise to the Supreme Court's landmark employment law decision resolving the matter was the unreported, oral opinion of Arline v. School Board of Nassau County, which was decided in the United States District Court for the Middle District of Florida. This Comment examines the district court's opinion, comparing …
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, …
Lives Revisited: Drawing The Line Between History And Hollywood, Brian M. Stewart
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.
Civil Cases Of The Middle District Of Florida, Susan Black
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.
You've Come A Long Way, Baby: Stripping Pornography From America's Workplace, Tara R. Price
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 …
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 …
Creating The United States District Court For The Middle District Of Florida, James M. Denham
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 …
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 …
Cumulative Index, Volume 91, Florida Historical Society
Cumulative Index, Volume 91, Florida Historical Society
Florida Historical Quarterly
No abstract provided.