Qualified Immunity: When Is A Loss Ultimately A Win?,
2012
University of Florida Levin College of Law
Qualified Immunity: 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?,
2012
University of Florida Levin College of Law
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,
2012
University of Florida Levin College of Law
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
This Note examines the strange history of the year-and-a-day rule from the rule’s birth to its death and then to its unexpected resurrection. In the process, this Note discusses the approach that other courts have taken to problems similar to those arising in the Wells case and sheds light on the course that the Florida courts may take on this bizarre issue.
This Note presents the Wells case only as an illustration of the legal issues entwined with the abolition of the year-and-a-day rule. Specifically, the Wells case shows how, once abolished, the rule managed to find its way back …
Substantive Due Process: Sex Toys After Lawrence,
2012
University of Florida Levin College of Law
Substantive Due Process: Sex Toys After Lawrence, Michael J. Hooi
Florida Law Review
No abstract provided.
The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence,
2012
University of Tampa
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 …
Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?,
2012
Pace University
Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson
Pace Law Review
No abstract provided.
Cybercrime And The Law: Challenges, Issues, And Outcomes,
2012
University of Dayton
Cybercrime And The Law: Challenges, Issues, And Outcomes, Susan W. Brenner
School of Law Faculty Publications
The exponential increase in cybercrimes in the past decade has raised new issues and challenges for law and law enforcement. Based on case studies drawn from her work as a lawyer, Susan W. Brenner identifies a diverse range of cybercrimes, including crimes that target computers (viruses, worms, Trojan horse programs, malware and DDoS attacks) and crimes in which the computer itself is used as a tool (cyberstalking, cyberextortion, cybertheft, and embezzlement). Illuminating legal issues unique to investigations in a digital environment, Brenner examines both national law enforcement agencies and transnational crime, and shows how cyberspace erodes the functional and empirical …
California's Constitutional Right To Privacy,
2012
Pepperdine University
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?,
2012
Pepperdine University
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule,
2012
Pepperdine University
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines,
2012
Pepperdine University
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Pepperdine Law Review
No abstract provided.
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment,
2012
Pepperdine University
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
Pepperdine Law Review
No abstract provided.
Assisted Suicide: A Tough Pill To Swallow,
2012
Texas A&M University School of Law
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained,
2012
Pepperdine University
Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk
Pepperdine Law Review
No abstract provided.
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee ,
2012
Pepperdine University
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom
Pepperdine Law Review
No abstract provided.
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution ,
2012
Pepperdine University
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution , Patrick E. Michela
Pepperdine Law Review
No abstract provided.
Irreconcilable Differences:
Yet More Attitudinal Discrepancies
Between Death Penalty Opponents And
Proponents: A California Sample,
2012
Pepperdine University
Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents And Proponents: A California Sample, Robert J. Robinson
Pepperdine Law Review
No abstract provided.
The Fugitive Dismissal Rule:
Ortega-Rodriguez Takes The Bite
Out Of Flight,
2012
Pepperdine University
The Fugitive Dismissal Rule: Ortega-Rodriguez Takes The Bite Out Of Flight, Anthony Michael Altman
Pepperdine Law Review
No abstract provided.
The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases,
2012
Pepperdine University
The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing
Pepperdine Law Review
No abstract provided.
Holding Juveniles Accountable: Reforming America's "Juvenile Injustice System",
2012
Pepperdine University
Holding Juveniles Accountable: Reforming America's "Juvenile Injustice System", Ralph A. Rossum
Pepperdine Law Review
No abstract provided.
