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Stephanie Vaughan, A Tribute to Cal, 28 Stetson L. Rev. 1011 (1999)Clicking on the button will copy the full recommended citation.
This essay is a tribute to Calvin A. Kuenzel as part of the Calvin A. Kuenzel Memorial.
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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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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, 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, Criminal Discovery of Jencks Witness Statements: Timing Makes a Difference, 15 Ga. St. U. L. Rev. 651 (1999)Clicking on the button will copy the full recommended citation.
This article, written in 1999, reflects on the timing of federal criminal discovery, specifically witness statements held by prosecutors. It initially examines the Jencks case, the Jencks Act, and Rule 26.2 of the Federal Rules of Criminal Procedure. It describes a survey conducted by the author that examined practice throughout the United States in providing Jencks material to defense counsel in federal criminal cases. Although it was found that most prosecutors provide materials to the defense in advance of the witness testifying, the survey also showed the lack of uniformity in the discovery process. The defense is placed at a serious disadvantage, especially in white collar cases, when they receive discovery late in the trial. This article argues that in order for the prosecution and defense to be “fairly evenly matched,” the discovery process needs to be opened.
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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.
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Ellen S. Podgor, Criminal Fraud, 48 Am. U. L. Rev. 729 (1999)Clicking on the button will copy the full recommended citation.
Fraud is an integral aspect of several criminal statutes. This article describes the spectrum of fraud offenses, noting the amorphous nature of the "concept" of fraud.
The Article initially considers the definition of fraud. It looks at when fraud serves as the object of an offense. It focuses here on mail fraud, wire fraud, and conspiracy to defraud. Finally it examines how best to limit fraud statutes.
Although some may believe that certain generic fraud statutes need to be left as "stopgap devices" until the legislature has the opportunity to pass "particularized legislation," such a view transfers the decision-making authority to the executive. This Article advocates for increased specificity in fraud statutes, although it does not call for increased criminalization.
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Ellen S. Podgor and Bernadette Hartfield, Foreword: Race and Criminal Justice, 40 B.C. L. Rev. 701 (1999)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Book Review, Environmental Costs, Benefits, and Values: A Review of Daniel Farber’s Eco-Pragmatism, 13 Tulane Envtl. L. Journal 125 (1999)Clicking on the button will copy the full recommended citation.
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Peter Lake and Robert D. Bickel, Recent Judicial Decisions Affecting Campus Law Enforcement Administration, 29 Campus Law Enforcement Journal 17 (1999)Clicking on the button will copy the full recommended citation.