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What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz Jan 1994

What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Nova Southeastern Lawyer, 1994, Volume 8, Number 1, Nova University - Shepard Broad Law Center Jan 1994

The Nova Southeastern Lawyer, 1994, Volume 8, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


A Survey Of Tennessee Supreme Court Death Penalty Cases In The 1990s, Penny White Jan 1994

A Survey Of Tennessee Supreme Court Death Penalty Cases In The 1990s, Penny White

Scholarly Works

No abstract provided.


The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz Jan 1994

The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds Jan 1994

The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds

Scholarly Works

State constitutional rights to arms are of considerable interest, both for their own sake and as sources of insight into the meaning of the Federal Constitution's right to keep and bear arms. This article examines the origins and scope of the right to arms provided in the Tennessee Constitution, including Tennessee cases that, interestingly, were cited as authority by the United States Supreme Court in the 1939 case of United States v. Miller, one of the Supreme Court's few cases to address Second Amendment issues in any depth.


Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele Jan 1994

Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele

Faculty Articles and Other Publications

This symposium grew out of James Boyd White's Marx Lecture, given April 21, 1994, at the University of Cincinnati, and this issue owes its existence to some happy coincidences with that event. One coincidence was the idea occurring to a number of us that, as nice as it would be to publish Professor White's thoughts on the Crito in these pages of the Law Review, how much nicer still it would be to surround those thoughts, or to follow them, with the thoughts of other scholars in the field, showing how these others responded to the text discussed by White …


Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds Jan 1994

Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.


The Criminal Defense Attorney, Ethics And Maintaining Client Confidentiality: A Proposal To Amend Rule 1.6 Of The Model Rules Of Professional Conduct, David Rosenthal Jan 1994

The Criminal Defense Attorney, Ethics And Maintaining Client Confidentiality: A Proposal To Amend Rule 1.6 Of The Model Rules Of Professional Conduct, David Rosenthal

St. Thomas Law Review

This Essay asserts that the Model Rules do not sufficiently address the unique problems that criminal defense attorneys face, especially in this scenario. Although the authoritative measure of the Model Rules is found within the text of each individual rule, any "bright-line" solution to the problem is obscured when the Preamble and Scope are read in conjunction with the text of Model Rule 1.6. To resolve this dilemma, this Essay proposes an amendment to Model Rule 1.6 that seeks to effectively address the relevant concerns of the presented scenario. According to the proposed amendment, the attorney's solution is mandated by …


Difference And Distrust In Asylum Law: Haitian And Holocaust Refugee Narratives, Peter Margulies Jan 1994

Difference And Distrust In Asylum Law: Haitian And Holocaust Refugee Narratives, Peter Margulies

St. Thomas Law Review

This Essay briefly examines three elements of Haitian and Holocaust refugee narratives which inspire disbelief. The first is the process of flight itself, along with its corollary, hiding. The second involves refugee denial of the threat of persecution, or of political involvement. The third concerns refugee deception at the time of entry into the United States. I argue that each of these categories creates a mismatch between refugee experience and the adversary system. The locus of disbelief of both Haitian and Holocaust refugees lies in the classic liberal tradition of negative rights, with its limited role for government, its rigid …


The Aftermath Of Johnson V. Calvert: Surrogacy Law Reflects A More Liberal View Of Reproductive, Eric A. Gordon Jan 1994

The Aftermath Of Johnson V. Calvert: Surrogacy Law Reflects A More Liberal View Of Reproductive, Eric A. Gordon

St. Thomas Law Review

This Comment will discuss why the decision in Johnson should be viewed as a basis for future surrogacy decisions, not as an aberration of the law, and should elicit commentary and proposals by state legislatures in an effort to avoid future, similar disputes. First, this Comment will examine the Johnson decision and its effect on California surrogacy law. In so doing, it will briefly examine the history of surrogacy law in this country, relating this case to other surrogacy cases in recent years. This Comment will also examine the current surrogacy law in California as well as its proposed surrogacy …


Despite Anti-Stalking Laws, Stalkers Continue To Stalk: Are These Laws Constitutional And Effective, Lisa I. Steinman Jan 1994

Despite Anti-Stalking Laws, Stalkers Continue To Stalk: Are These Laws Constitutional And Effective, Lisa I. Steinman

St. Thomas Law Review

This Note evaluates the national stalking laws, examines Florida's current anti-stalking law, and develops appropriate direction for the state anti-stalking statutes in the future. Part II describes four case histories. Part III discusses the federal legislation to stop stalking. Part IV discusses the Florida anti-stalking law, its constitutionality, and compares it to the stalking laws of the other states. Part V discusses the effectiveness of the Florida stalking law. Part VI discusses present and future alternatives to these anti-stalking statutes. Part VII contains a proposal of a model statute providing lawmakers with an example of a constitutional and effective law …


Economic Sanctions And Economic Strategies: Toward Haiti's Integration Into The World Economy, Douglas E. Matthews Jan 1994

Economic Sanctions And Economic Strategies: Toward Haiti's Integration Into The World Economy, Douglas E. Matthews

St. Thomas Law Review

Part I briefly outlines various United States non-military policy options, with particular focus on economic sanctions, to effect peaceful change within the de facto Haitian government that is emerging from the coup. The imposition of such sanctions seeks to achieve the explicit foreign policy objective of effectuating the eventual return to Haiti of President Aristide. As discussed in this Article, however, the implicit message communicated by the economic sanctions may not be lost on other potential autocrats in the hemisphere. Part II addresses the prospects for Haiti's economic development subsequent to the lifting of the present trade embargo, and includes …


Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines Jan 1994

Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines

St. Thomas Law Review

This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.


Regulating The Airwaves: The Governmental Alternative To Avoid The Cellular Uncertainty On Privacy And The Attorney-Client Privilege, Jose L. Nunez Jan 1994

Regulating The Airwaves: The Governmental Alternative To Avoid The Cellular Uncertainty On Privacy And The Attorney-Client Privilege, Jose L. Nunez

St. Thomas Law Review

This Comment will analyze the federal government's latest attempts to assure privacy and order in wireless communication in an effort to avoid the uncertainty prevalent during the early days of cellular telephony. First, Part II will examine the history behind present legislation designed to afford privacy to wireless communications. Part I will describe the judicial interpretation of this legislation. Part IV will then discuss the attorney-client privilege in the context of wireless communications. Finally, Part V will analyze the available options to assure privacy with an emphasis on a standard encryption code promoted by the government.


Front Matter Jan 1994

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 7, Issue 1, Fall 1994.


Examining The Current State Of Post-Comprehensive Plan Land-Use Decision Making In Florida: A Property Owner's Guide To The Local Government Comprehensive Planning And Land Development Regulation Act, John E. Fennelly Jan 1994

Examining The Current State Of Post-Comprehensive Plan Land-Use Decision Making In Florida: A Property Owner's Guide To The Local Government Comprehensive Planning And Land Development Regulation Act, John E. Fennelly

St. Thomas Law Review

Understanding the landscape of Florida's land use law is becoming increasingly difficult. In two recent companion cases decided by the Florida Supreme Court, judicial review under the Local Government Comprehensive Planning and Land Development Regulation Act clashes with the Act and its stated intent, placing further uncertainty upon the shifting terrain which already existed. This article analyzes Board of County Commissioners of Brevard County v. Snyder (Snyder R1), and Parker v. Leon County (Parker III), and argues that more confusion is generated by these decisions than is resolved. Snyder II represents the court's grappling for a resolution of the district …


From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek Jan 1994

From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek

St. Thomas Law Review

While George Orwell contemplated the realities of modem technology racing ahead with ever increasing speed and thwarting our individual privacy, it is clear that the Framers of the Constitution did not. This technological advancement, coupled with America's overriding concern with fighting the "war on drugs," has immensely compromised the Fourth Amendment to the United States Constitution. Once commanding great respect, this Amendment was "sanctified by a Supreme Court that felt compelled to protect all of us, the innocent and guilty alike, from arbitrary and unlawful government intrusions." Unfortunately, the modem courts have not been faithful in adhering to the Framers' …


Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley Jan 1994

Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley

St. Thomas Law Review

This comment will look at Chapter 94-135 of the laws of Florida and the statutes it altered as compared to the recommendations from The First Report of the Governor's Task Force on Domestic Violence5 as well as methods effectively being used by other states. It will show that Florida's new Act is a curious mixture of strength and weakness within the statutes, taking some new actions, yet not moving forward and sometimes even regressing in areas where decisive steps could have been taken, notably in such aspects as police intervention and reporting, pro-prosecution policies, and injunctions.


Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh Jan 1994

Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh

Cleveland State Law Review

What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …


Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh Jan 1994

Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh

Cleveland State Law Review

What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …


Front Matter Jan 1994

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 6, Issue 1, Fall 1994.


Superfund's Second Master: The Uneasy Fit Of Private Cost Recovery Within Cercla, Alfred R. Light Jan 1994

Superfund's Second Master: The Uneasy Fit Of Private Cost Recovery Within Cercla, Alfred R. Light

St. Thomas Law Review

No abstract provided.


Forum Selection Clauses In Florida, Brian Mattis Jan 1994

Forum Selection Clauses In Florida, Brian Mattis

St. Thomas Law Review

This Article briefly summarizes the evolution of forum selection clauses in the United States in general, and in Florida in particular. The writer contends that McRae was incorrectly decided on constitutional and statutory grounds, and proposes steps which may be taken to overrule the McRae decision. Lastly, the Article addresses some forum selection problems raised by the United States Supreme Court's recent decision in Carnival Cruise.


The Disabled, The Ada, And Strict Scrutiny, James B. Miller Jan 1994

The Disabled, The Ada, And Strict Scrutiny, James B. Miller

St. Thomas Law Review

This Note argues that Congress has statutorily overturned City of Cleburne v. Cleburne Living Ctr., Inc.'s holding of "rational basis" review for the disabled, through its enactment of the Americans With Disabilities Act of 1990. The argument focuses upon the fact that the United States Supreme Court affords Congress substantial deference in both its fact-finding capacity and in its lawmaking capacity in constitutional matters, especially in the realm of the Fourteenth Amendment's Equal Protection Clause. This Note will distinguish Heller v. Doe by arguing that although it was a proper decision, the Court failed to state that the correct standard …


Victims Of Real Property Drug Forfeitures Now Worthy Of Limited Protection, Charles Lobdell Iii Jan 1994

Victims Of Real Property Drug Forfeitures Now Worthy Of Limited Protection, Charles Lobdell Iii

St. Thomas Law Review

Part I of this Note will briefly examine the the history of civil forfeiture, first in its original incarnation as medieval law and then in its limited use in the United States to ensure the payment of various taxes. In 1984, the Controlled Substance Act was amended to include the civil forfeiture of any real property used to facilitate a violation of the drug laws. Part II will examine that amendment, its reasons for enactment, and its intended use. Unfortunately, the honorable intentions of Congress never translate well to the streets. This Note will point out one of the weaknesses …


The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky Jan 1994

The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky

St. Thomas Law Review

Part I of this Note begins by exploring the meaning of probable cause, briefly tracing its development. Part I continues with an examination of how the Supreme Court's interpretation of the Fourth Amendment and the probable cause requirement relates to searches and seizures of containers, specifically, containers that may fall within the Sanders' footnote "exception." The relationship between the Sanders doctrine and that of the "plain view" doctrine will also be examined. In Part II, this Note presents the case of United States v. Prandy-Binett as an example of the above-mentioned doctrinal exceptions to the requirements of the Fourth Amendment …


The New Rollover Rules And Twenty Percent Withholding Tax On Pension Distributions: Does Good Pension Policy Favor Their Repeal, Leandra Lederman Gassenheimer Jan 1994

The New Rollover Rules And Twenty Percent Withholding Tax On Pension Distributions: Does Good Pension Policy Favor Their Repeal, Leandra Lederman Gassenheimer

St. Thomas Law Review

In July 1992, President George Bush signed into law the Unemployment Compensation Amendments (UCA) of 1992,1 which included provisions substantially changing the treatment of many distributions from qualified plans and section 403(b)3 tax sheltered annuities (TSAs). The provisions affecting qualified plans and TSAs generally became effective January 1, 1993, with a transition rule provided for certain TSAs that could delay the effective date of the provisions for such TSAs until January 1, 1994. The UCA expanded the types of distributions from such plans and annuities eligible for deferral of income tax by rollover6 to another qualified plan, TSA or individual …


Rule 10b-5 Liability For Front-Running: Adding A New Dimension To The Money Game, David M. Bovi Jan 1994

Rule 10b-5 Liability For Front-Running: Adding A New Dimension To The Money Game, David M. Bovi

St. Thomas Law Review

In the financial arena, the name of the game is money--make it now, make it fast, make a lot. To some players in this financial game, the question of whether to play fairly or unfairly, legally or illegally, is not debated. Their only issue of concern is how much, how fast, and what are the chances of being caught. Throughout history, this attitude has fostered the creation of a countless number of fraudulent schemes and contrivances with the sole purpose of making fast and easy money, regardless of the consequences to other players in the game. One particular fraudulent scheme, …


Trial By Tabloid, Mercy Hermida Jan 1994

Trial By Tabloid, Mercy Hermida

St. Thomas Law Review

An intense conflict has persisted throughout legal history between the practical application of the First and Sixth Amendments. The controversy between these two guarantees has been a constant debate for decades. On the one hand, the First Amendment guarantees the media the Constitutional right to report the news via their right to freedom of expression. Alternatively, the Sixth Amendment guarantees the criminally accused the right to a fair trial decided by an impartial jury. Although these two guarantees are not seemingly contradictory, they ultimately collide when the media, in asserting its First Amendment right, so intrudes and disrupts a criminal …


Is The Death Knell Sounding For Animal Rights - The Sacrifice Of Animals For Religious Purposes Under The Guise Of The First Amendment Right To The Free Exercise Of Religion, Mercedes A. Sanchez Jan 1994

Is The Death Knell Sounding For Animal Rights - The Sacrifice Of Animals For Religious Purposes Under The Guise Of The First Amendment Right To The Free Exercise Of Religion, Mercedes A. Sanchez

St. Thomas Law Review

As a result of several Supreme Court decisions and a recent legislative enactment, it has become increasingly more difficult to protect animal rights through legislation. This is particularly true when the legislation is challenged as unduly encroaching upon the free exercise of religion. This comment questions the Court's most recent application of the strict scrutiny standard in free exercise challenges which effectively swept away the rights of animals. First, this comment discusses the evolution of animal legal rights. Next, this comment provides an overview of free exercise jurisprudence with particular emphasis on the test articulated in Employment Division, Department of …