Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Florida Law Review
“For years, defense lawyers have argued the ‘young and stupid’ semidefense for their youthful clients. Now, we can have the ‘I didn’t know it was on the hard drive’ objection for the unsophisticated computer user in child pornography cases—or at least they can in the 9th Circuit.” This quote, appearing on the website of an East Texas criminal defense law firm, refers to the outcome of United States v. Kuchinski. In Kuchinski, the defendant’s computer contained, in various forms, more than 15,000 images of child pornography. There was no question that Kuchinski’s volitional viewing of the images on the Internet …
Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship
Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship
Florida Law Review
The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced that it will direct money to injured investors whenever possible, but has not articulated clear priorities. This Article fills the gap by introducing terms of debate and proposing a framework for the SEC’s exercise of its discretion. The Article introduces the concept of “public class counsel,” a public actor that has the dual function of deterrence and victim compensation. The concept describes—and suggests limits to—the SEC’s role in a system in which …
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Florida Law Review
No abstract provided.
Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller
Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller
Florida Law Review
Under the Bail Reform Act of 1984, federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial question.” Federal appellate courts, however, have been deeply divided over how much merit is required to show that an appeal will raise a “substantial question.” Ten circuits define the phrase as a “close question,” based on an implausible reading of the 1984 Bail Act’s legislative history. But the Ninth Circuit has interpreted the requirement to mean that a defendant must prove that his appeal will raise …
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
Florida Law Review
On October 21, 1986, a two-month-old baby girl was admitted to a hospital in Pasco County, Florida. Baby Christina Ann Wells was unresponsive, was suffering from seizures, and needed assistance to breathe. Doctors observed large bruises on Christina’s head, including thumbprints on her tiny face. She had broken ribs, and the soft spot on her skull was noticeably bulging. Doctors likened some of Christina’s injuries to those commonly seen in drowning victims. However, Christina had not drowned; doctors determined that Christina’s bruises and the swelling on her brain were caused either by being shaken or by having her oxygen supply …
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Florida Law Review
No abstract provided.
In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks
In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks
Florida Law Review
After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional-a decision based on nothing more than the ipse …
Toward A Specific Intent Requirement In White Collar Crime Statutes: How The Patient Protection And Affordable Care Act Of 2010 Sheds Light On The “General Intent Revolution”, Elizabeth R. Sheyn
Toward A Specific Intent Requirement In White Collar Crime Statutes: How The Patient Protection And Affordable Care Act Of 2010 Sheds Light On The “General Intent Revolution”, Elizabeth R. Sheyn
Florida Law Review
The recent passage of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively, ACA), has altered the landscape of health care and health insurance. However, it has also served to highlight the revolution in the intent requirement for white collar crimes. In particular, the ACA lowers the intent requirement for several health care fraud statutes from “specific intent to defraud” to “general intent to deceive,” which is consistent with federal courts’ recent trend of not requiring proof of the defendant’s knowledge of the law before finding a …
The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy, Gregory I. Massing
The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy, Gregory I. Massing
Florida Law Review
While the Model Penal Code was certainly one of the most influential developments in criminal law in the past century, the American Law Institute (ALI) took a seriously wrong turn by recognizing “renunciation” as a defense to the crime of conspiracy. Under the Model Penal Code formulation, a member of a conspiracy who later disavows the agreement and thwarts its objective (for example, by notifying authorities of the planned crime in order to prevent its completion) is afforded a complete defense to conspiracy liability. This defense has enormous implications for crimes involving national security and terrorism, which are typically planned …
The Open Road And The Traffic Stop: Narratives And Counter-Narratives Of The American Dream, Nancy Leong
The Open Road And The Traffic Stop: Narratives And Counter-Narratives Of The American Dream, Nancy Leong
Florida Law Review
American culture is steeped in the mythology of the open road. In our collective imagination, the road represents freedom, escape, friendship, romance, and above all, the possibility for a better life. But our shared dream of the open road comes to a halt in the mundane reality of the traffic stop—a judicially authorized policing procedure in which an officer may pull over a vehicle if she has cause to believe the driver has committed even the most minor traffic violation. I examine the cultural texts—books, movies, songs—celebrating the open road and juxtapose them against those documenting the traffic stop. The …
Eighteenth Century Law, Twenty-First Century Problems: Jones, Gps Tracking, And The Future Of Privacy, Lauren Millcarek
Eighteenth Century Law, Twenty-First Century Problems: Jones, Gps Tracking, And The Future Of Privacy, Lauren Millcarek
Florida Law Review
In 2004, law enforcement officers began investigating Antoine Jones, a Washington, D.C. nightclub owner, for suspected drug trafficking. After gathering information through stakeouts, cameras, and a wiretap on Jones’ phone, the officers obtained a warrant to place a Global Positioning System (GPS) tracker on Jones’ wife’s car, which Jones possessed and used regularly. However, the officers failed to comply with the precise terms of the warrant, making the installation and use of the tracker warrantless. The officers tracked the car’s every movement, twenty-four hours per day, for an entire month. The data linked Jones to a stash house containing a …