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Articles 74461 - 74490 of 573512

Full-Text Articles in Arts and Humanities

The Geopolitics Of Seventeenth-Century Florida, Jane Landers May 2022

The Geopolitics Of Seventeenth-Century Florida, Jane Landers

Florida Historical Quarterly

Scholars have dubbed the seventeenth century Spain's "Century of Depression." European wars and a cycle of disastrous droughts and epidemics (1597-1602, 1640s and 1680s) followed by famines severely strained Spain's financial and administrative resources. The general crisis was exacerbated by declines in American silver revenues caused by the demographic collapse of the native labor pools in New Spain and Peru. These multiple disasters combined to bring low the once glorious Spanish empire. After a series of bankruptcies Spain resorted to devaluing its currency. To prop up the enfeebled state, it impounded private silver, refused to pay debts, and finally was …

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The Historiography Of Seventeeth-Century La Florida, Jane Landers May 2022

The Historiography Of Seventeeth-Century La Florida, Jane Landers

Florida Historical Quarterly

The historiography of seventeenth-century La Florida (which Spain claimed reached from the Florida Keys north to Newfoundland and west to "the mines of Mexico") is, like the Spanish empire itself, less rich than its sixteenth-century counterpart. This is primarily because the declension narrative for this period lacks the drama of the early explorations and the martyrdoms of devoted missionaries which were the focus of much of the sixteenth-century literature. Most scholars trained in colonial Latin American history, as I was, focused not on Florida, but rather on sites deemed more important: the great indigenous empires and Spanish conquests of New …

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500 Years Of Florida History--The Seventeenth Century, Connie L. Lester May 2022

500 Years Of Florida History--The Seventeenth Century, Connie L. Lester

Florida Historical Quarterly

Seventeenth-century Florida little resembled the region Ponce de Leon first visited in 1513. Various indigenous peoples still dominated the peninsula but their numbers had dramatically declined over the years due to disease, warfare, and migration. Thousands of Europeans visited the locale during the 1600s, many of them planning to stay permanently, few of them actually doing so, and most failing to realize their economic, religious or imperial goals there. Africans and African Americans also lived in the region and its hinterlands, though the majority did so under circumstances they would not have chosen. Partially as a result, by 1700 Florida …

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Title Page, Florida Historical Society May 2022

Title Page, Florida Historical Society

Florida Historical Quarterly

Title page for Volume 92, Number 3. Includes the Table of Contents

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End Notes, Florida Historical Society May 2022

End Notes, Florida Historical Society

Florida Historical Quarterly

Call for Papers, Annual Meeting and Symposium of the Florida Historical Society; 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; Guidelines for Submissions to the Florida Historical Quarterly

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A Word Of Thanks, Florida Historical Society May 2022

A Word Of Thanks, Florida Historical Society

Florida Historical Quarterly

No abstract provided.

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Book Reviews, Florida Historical Society May 2022

Book Reviews, Florida Historical Society

Florida Historical Quarterly

Carr, Digging Miami. by Ryan J. Wheeler; Marotti, Heaven's Soldiers: Free People of Color and the Spanish Legacy in Antebellum Rorida. by Patricia C. Griffin; Beeby, ed., Populism in the South Revisited: New Interpretations and New Departures. by Evan P. Bennett; Brundage, ed., Beyond Blackface: African Americans and the Creation of Popular Culture, 1890-1930. by Valerie Babb; Hersey, My Work Is That of Conservation: An Environmental Biography of George Washington Carver. by Ellen Griffith Spears; Godfrey and Catton, River of Interest: Water Management in South Rorida and the Everglades, 1948-2010. by Chris Wilhelm; Caro, The Years of Lyndon Johnson: The …

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Our Experience In The History Of The Middle District Of Florida And The Speedy Trial Clause Of The Sixth Amendment, William J. Sheppard May 2022

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 …

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Uses And Potential Abuses Of Federalism, Robert Batey May 2022

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.

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Early Jail And Prison Conditions Litigation In The Middle District Court, William J. Sheppard May 2022

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.

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Extreme Circumstances Call For Extreme Measures: How United States V. Lyons' Radical Remedies Corrected A Grave Injustice, Samuel W. Wardle May 2022

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 …

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Shelton V. Secretary, Department Of Corrections: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act, Erika Concetta Pagano May 2022

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.

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A Pioneer In Prison Reform: Costello V. Wainright And Its Paradoxical Legacy In Florida Prisons, Mariko K. Shitama May 2022

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 …

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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 May 2022

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 …

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Crimes Defining Our Time: Notable Criminal Cases From The First Fifty Years Of The Middle Distric Of Florida, Anthony E. Porcelli May 2022

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 …

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A Speedbump On The Information Superhighway: Pushing Copyright Law Into The Online Era, Benjamin H. Eisenberg May 2022

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 …

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Otherwise Qualified: The Rehabilitation Act Of 1973 And The Origin Of The Direct Threat Defense, Patrick D. Flamming May 2022

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 …

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American Yearbook: An Early Portrait Of The Market Participant Exception To The Dormant Commerce Clause, Cem Akleman May 2022

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 …

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A Guiding Light: Safety Harbor, Nicholas E. Williams May 2022

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, …

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Lives Revisited: Drawing The Line Between History And Hollywood, Brian M. Stewart May 2022

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.

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Limiting The Implied Rights Of Action Under The Securities Exhange Act Of 1934: Dismissing Private Claims Brought Under Section 19, Seth J. Welner May 2022

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 …

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You've Come A Long Way, Baby: Stripping Pornography From America's Workplace, Tara R. Price May 2022

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 …

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Civil Cases Of The Middle District Of Florida, Susan Black May 2022

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.

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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 May 2022

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. …

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The Complex Legacy Of School Desegregation In Duval County, Olga Balderas May 2022

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 …

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Constitutional Law: Eradicating The Effects Of Past Purposeful Racial Discrimination In The Public School System, Alexandra Moore May 2022

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 …

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Creating The United States District Court For The Middle District Of Florida, James M. Denham May 2022

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 …

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Segregation/Integration In The Middle District Of Florida, William Terrell Hodges May 2022

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 …

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Fifty Years Of Central Florida History Through The Lens Of The Federal Courts, Richard S. Dellinger May 2022

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.

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Note From The Fhq Editors, Connie L. Lester May 2022

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.

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