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The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz

Ledewitz Papers

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

Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark

Publications

In 1904 the Carnegie Hero Fund Commission set out its criteria for awarding medals for heroism: an unpaid actor must have voluntarily risked life and limb to rescue a victim to whom he or she was unrelated by any family tie. Such behavior toward family members was expected. In these days of perilous family life the performance of obligations associated with ongoing family relations is no longer taken for granted but has taken on new, heroic dimensions. The volunteer mother, who renders her services to her child amply and without reward, is the hero of Robert Goldstein's new book, Mother-Love …

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

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

Substantive Criminal Law, Pamela Cole Bell

Nova Law Review

In Stall v. State,1 the Florida Supreme Court addressed the issue

of whether prosecution under Florida's Racketeer Influenced and Corrupt

Organization (RICO) Act,2 predicated upon violations of Florida's

obscenity statute,3 violates the Florida constitutional right to privacy

The Public's Right To Know, G Baldwin, E Burkett, A Terl

St. Thomas Law Review

No abstract provided.

Cracking Down On The Trade In Child Pornography And Pornography For Children: More Prosecutions, Stiffer Sentences And Now, After Osborne V. Ohio, No Place To Hide, Harvey L. Zuckman

St. Thomas Law Review

The life of the child pornographer, while never easy, became increasingly difficult in the 1980s when the federal and state governments cast their full attention on these exploiters of children and their pedophiliac customers. This article will review the law in this area, the legislative and judicial process by which the federal and state government have attempted to stamp out the trade in child pornography particularly in the past decade and the first decision of the Supreme Court in this new decade making it more difficult than ever to store, handle and move such material, even surrepticiously.

National Security And The Disparate Impact Of Free Speech Rules, Frederick Schauer

St. Thomas Law Review

In addressing questions of censorship, including commonly neglected ones of what censorship is and what is wrong with it, I want to focus on the issues raised by censorship in the context of war, national security, and national defense. Here more than in other areas the debates about censorship are particularly strident, and here also it turns out that who is saying what about censorship often says as much about the speaker as about the activity complained of. More specifically, various free speech and free press principles not only serve to allocate power between government and speaker, but also allocate …

National Endowment Of The Art's Controversial Obscenity Regulation And Its Constitutional Ramifications, Jodi Cantor

St. Thomas Law Review

The purpose of this paper is to discuss and analyze the constitutional ramifications of the controversy involving the National Endowment of the Arts. Specifically, the controversy is based on obscenity restrictions on government funding. The paper begins by explaining the purpose and goals behind the National Endowment of the Arts. Next, the controversy itself and the subsequent enactment of the Interior Appropriations bill and its restrictions are discussed. There are several constitutional issues presented. First, it is strongly urged that the Miller v. California 1 test is misplaced in this area. However, assuming that Miller is applicable, an intent-based analysis …

Law And War After The Cold War, Louis Henkin

Maryland Journal of International Law

No abstract provided.

Speech, Press, Religion And Assembly: Now And Tomorrow, Ellen S. Podgor

St. Thomas Law Review

It is without doubt befitting that St. Thomas University School of Law's first symposium celebrate the 200th anniversary of the Bill of Rights, with emphasis on the first of its ten amendments. The heritage, birth and growth surrounding this symposium issue serve as evidence that the rights of free speech, press, religion and assembly are not mere abstract guarantees of our "forefathers," but rather, living realities that are being actively applied well beyond any vision of its originators.

The Bill Of Rights, Freedom Of Speech, Censorship, And The Cop On The Beat, Roger Handberg

St. Thomas Law Review

This short essay reemphasizes a simple truth about the exercise of the various freedoms embodied within the Bill of Rights. That is: constitutional rights are not self enforcing and their effective articulation is dependent upon the restraint of officers of the state, principally the individual police officer on the beat. Courts are crude and often ineffectual protectors of those rights because their judgments and pronouncements occur long after the events have transpired. This distance is true even when an injunction has been rendered explicitly protecting the exercise of such rights. Even in those exceptionally rare cases when an injunction is …

Prior Restraint In Light Of United States V. Noriega--Has The Law Been Changed, William M. Hoeveler

St. Thomas Law Review

No abstract provided.

The Media And The Censors Blue Pencil, D Paul, Barbara Singer, P. Steinle, J Wragg

St. Thomas Law Review

The following are excerpts taken from a panel discussion held at St. Thomas University School of Law on March 7, 1991.

To Stimulate, Provoke, Or Incite Hate Speech And The First Amendment, Kenneth Lasson

St. Thomas Law Review

The rule should be a simple one: expression of all ideas is protected, except for those in narrowly defined categories such as state secrets, obscenity, fighting words, and defamation. The last exception should include a civil action for group libel. While the rule may be simple, however, it is not simplistic - nor any more difficult to apply than the analysis required in the fact-finding process of a trial by judge or jury. This paper will briefly examine the various approaches to free speech both in America and elsewhere, suggest how they may be read in harmony with the rule …

Law's Patriarchy, Lynne Henderson

Scholarly Works

No abstract provided.

Scientific Evidence: 1990 Survey Of Florida Law, Carol Henderson Garcia

Nova Law Review

Increasingly, science and the law are intersecting. Today, most scientific

or professional disciplines provide expert testimony in courts.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 3, Issue 1, Spring 1991.

Cultural Critique And Legal Change, Charles W. Collier

UF Law Faculty Publications

No abstract provided.

Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie

Faculty Publications

No abstract provided.

International Criminal Law And The Macro-Micro Problem*, Anthony D'Amato

Nova Law Review

Prior to 1960, textbooks on international public law hardly made

mention of international criminal law, except in brief references to subjects

such as extradition, asylum, and jurisdiction over aliens.

Securities, Supremacy And Supposition: 1990'S Legislative And Judicial Changes To Florida's Bluesky Law, Michael T. Murtaugh

Nova Law Review

On July 7, 1990, the Florida Securities and Investor Protection

Act, chapter 517 of the Florida Statutes,' was revised and re-enacted

effective October 1, 1990, to include developments in securities regulation

that have occurred since the last major revision of the Florida Blue

Sky Law' in 1986.

Civil Procedure: 1990 Survey Of Florida Law, William Vandercreek

Nova Law Review

During the survey period there were some significant developments

in the area of Florida Civil Procedure. The first development occurred

in the area of subject matter jurisdiction.

Environmental Regulation: An Examination Of John Locke’S Ordered Liberty And Government Intervention, Jonathan G. Lasley

Duke Environmental Law & Policy Forum

No abstract provided.

Recovery For Pure Economic Loss In Tort: Another Look At Robins Dry Dock V. Flint, Victor P. Goldberg

Faculty Scholarship

In Robins Dry Dock and Repair Co. v. Flint, the Supreme Court laid down the general proposition that claims for pure economic loss are not recoverable in tort. Although courts have sometimes ignored or distinguished Robins, its holding is still a central feature of tort law. In a recent en bane decision regarding claims by those injured by a chemical spill in the Mississippi River, the Fifth Circuit engaged in an extensive debate over the continued vitality of Robins and concluded (despite five dissenters) that it remained good law.

The Robins rule is overbroad, lumping together a number of …

Table Of Contents

Touro Law Review

No abstract provided.

Caplin & Drysdale, Chartered V. United States: Seizing Attorney Fees-Frozen Assets Or Frozen Justice? The Sixth Amendment Right To Counsel Of Choice Is Given The Cold Shoulder, Anthony G. Vella

Northern Illinois University Law Review

This note examines the United States Supreme Court decision that found confiscation of criminal defense attorney fees under RICO and the continuing criminal enterprise statutes is permissible under the sixth amendment. The Court's reasoning is presented in this note. The note analyzes the Court's decision through the eyes of the dissenters and other commentators opposed to the result. The author concludes that this decision has rendered the sixth amendment right to counsel of choice an insubstantial right and damaged the integrity of the adversary system in our courts.

Clayton V. Place: Dancing Around The Establishment Clause -- Religion In The Public Schools, Paul T. Donahue

Northern Illinois University Law Review

This note examines the Eighth Circuit Court of Appeal's decision refusing to strike down a public school board rule which prohibited social dancing inside the public schools of Purdy, Missouri. The issue facing the court was how far local religious groups could go in influencing public school policy. The court of appeals reversed the ruling of the trial court which found that the prohibition on social dancing was a result of local religious pressure and thus in violation of the Establishment Clause of the Federal Constitution. The author concludes that the decision of the court of appeals ignored the power …

Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, Timothy P. O'Neill

Northern Illinois University Law Review

For years, a serious problem has faced an Illinois criminal defendant who challenged the constitutionality of the statute supporting his conviction for the first time on appeal. Two contradictory lines of Illinois Supreme Court authority came to opposite conclusions on whether the issue had been waived. This article examines the failure of the Illinois Supreme Court squarely to confront this issue.

When Self Abuse Becomes Child Abuse: The Need For Coercive Prenatal Government Action In Response To The Cocaine Baby Problem, Kevin Drendel

Northern Illinois University Law Review

This Commentary identifies prenatal drug exposure of infants as a problem with which our society must come to terms. The judicial system is capable of providing solutions, but a void of appropriate legislation hampers that ability. Among the legal vehicles available are criminal laws, child abuse and neglect laws, civil and criminal injunctions, and involuntary commitment laws. A balancing of the maternal, societal, and fetal interests involved can be accomplished on a case by case basis in the absence of enabling and guiding legislation. However, legislation in this highly sensitive area is a better way. This commentary explores the problem, …

Words And The Door To The Land Of Change: Law, Language, And Family Violence, Martha Minow

Vanderbilt Law Review

Can words stem violence? More specifically, can anything anyone says halt the physical devastation inflicted daily behind the closed doors of family dwellings? Some people strike, beat, or burn their children. Some people assault their lovers, some their spouses; usually, men batter women.' Can words, uttered by anyone else, stop this violence?

Words of journalists expose family violence to public view. Words of legislatures and judges forbid and punish family abuse. Words of historians, novelists, television scriptwriters, social workers, feminist theorists, and songwriters depict and decry domestic violence against a backdrop of societal silence about it. But are there words …