Forward: Prosecution Law Symposium Article
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Recommended Citation
Roberta Flowers, Forward: Prosecution Law Symposium, 29 Stetson L. Rev. 1 (1999)Clicking on the button will copy the full recommended citation.
1999
Invoking Private Property Rights for Environmental Purposes: The Takings Implications of Government-Authorized Aerial Pesticide Spraying Article
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Recommended Citation
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.
Book Review, Diverse Opinions on Biodiversity Article
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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.
Foreward: International Environmental Law Symposium Article
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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.
“Literature as Law”: The History of the Insanity Plea and a Fictional Application within the Law & Literature Canon Article
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Cynthia Hawkins DeBose, “Literature as Law”: The History of the Insanity Plea and a Fictional Application within the Law & Literature Canon, 72 Temp. L. Rev. 383 (1999)Clicking on the button will copy the full recommended citation.
The article presents: (1) a history of the law & literature canon; (2) a substantive analysis and review of the insanity plea from its "Old English" origins through its development in the United States, in general and New York state, in particular -- including relevant quantitative studies of the usage of the plea and, (3) an application of the insanity plea within the law & literature canon.
The article takes a novel approach to the law & literature canon by reviewing a piece of literature as though it were the facts of a criminal murder trial. The phrase "literature as law" has been coined by the author to describe this analytical process. The article culminates in a presentation of relevant law in the fictitious murder trial of the protagonist from the literary novel reviewed which is situated in New York state. The purpose of the article is to illustrate the dichotomy between the actuality of the insanity plea and criminal proceedings in law and their fictional application to literature.
Book Review, Christine R. Barker, Elizabeth A. Kirk, & Monica Sah (Eds.), Gender Perceptions and the Law Article
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Cynthia Hawkins DeBose, Book Review, Christine R. Barker, Elizabeth A. Kirk, & Monica Sah (Eds.), Gender Perceptions and the Law, 9 Law & Pol'y Book Reviews 288 (1999)Clicking on the button will copy the full recommended citation.
Association of American Law Schools Panel on the International Criminal Court Article
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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.
Criminal Discovery of Jencks Witness Statements: Timing Makes a Difference Article
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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.
Recent Judicial Decisions Affecting Campus Law Enforcement Administration Article
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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.
Criminal Fraud Article
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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.