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Rebecca C. Morgan, Who Is the Client? Ethical Issues in an Elder Law Practice, 16 Journal of the American Academy of Matrimonial Lawyers 463 (2000)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Do We Need A Beanie Baby Fraud Statute?, 49 Am. U. L. Rev. 1031 (2000)Clicking on the button will copy the full recommended citation.
This Essay examines the appropriate line in legislative drafting between the overly generic fraud statute (e.g., mail fraud) and the addition of an overly specific statute, such as "Beanie Baby" fraud. Clearly, issues of federalism warrant consideration to determine whether the conduct belongs in the realm of the state and local prosecutor or more aptly in the federal system. Likewise, the scope of the federal statute needs to be clear in order to avoid ambiguity, overbreadth, and application of the Rule of Lenity.
This Essay looks to a third factor for considering the propriety of the legislation: Whether the statute is designed to advance the historic roles provided to each of the three branches of government. When legislation accords a fair balancing to the executive, legislative, and judicial bodies, the appropriate line between the generic and specific statute is achieved.
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Royal C. Gardner, Money for Nothing? The Rise of Wetland Fee Mitigation, 19 Virginia Envtl. L. Journal 1 (2000)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose, Book Review, David Carney (Ed.), To Promote the General Welfare: A Communitarian Legal Reader, 10 Law & Pol'y Book Reviews 383 (2000)Clicking on the button will copy the full recommended citation.
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Tim Kaye, Review of John Ford et al., Education Law and Practice, 19 Civ. Just. Q. 204 (2000)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose, Book Review, Peter Duff & Neil Hutton (Eds.), Criminal Justice in Scotland, 9 Law & Pol'y Book Reviews 554 (1999)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Invoking Private Property Rights for Environmental Purposes: The Takings Implications of Government-Authorized Aerial Pesticide Spraying, 18 Stanford Envtl. L. Journal 65 (1999)Clicking on the button will copy the full recommended citation.
Part II of this article summarizes the history of medfly eradication efforts in the United States and the events surrounding Florida's 1997 infestation and eradication experience. Part III reviews private property rights in light of physical takings cases. Applying the principles examined in Part III to wide-scale aerial pesticide spraying, Part IV explains why these invasions constitute takings, despite their minimal size and limited duration. Part IV also examines the possible government defenses of nuisance and necessity, and notes the difference between governmental intervention to protect public health and safety and invasive action to protect a specific industry. Part V assesses the implications of a takings challenge to wide-scale aerial pesticide spraying.
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Royal C. Gardner, Book Review, Diverse Opinions on Biodiversity, 6 Tulsa Journal of Comparative and International Law 303 (1999)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Association of American Law Schools Panel on the International Criminal Court, 36 Am. Crim. L. Rev. 223 (1999)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Foreward: International Environmental Law Symposium, 28 Stetson L. Rev. 1031 (1999)Clicking on the button will copy the full recommended citation.