Date of Publication:
Paul Boudreaux, An Individual Preference Approach to Suburban Racial Segregation, 27 Fordham Urb. L.J. 533 (1999)Clicking on the button will copy the full recommended citation.
Date of Publication:
Candace Zierdt, Part VI, in Implementation Guide for Model Tribal Secured Transactions Act (1999)Clicking on the button will copy the full recommended citation.
Date of Publication:
Roberta Flowers, Forward: Prosecution Law Symposium, 29 Stetson L. Rev. 1 (1999)Clicking on the button will copy the full recommended citation.
Date of Publication:
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.
Date of Publication:
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.
Date of Publication:
Royal C. Gardner, Foreward: International Environmental Law Symposium, 28 Stetson L. Rev. 1031 (1999)Clicking on the button will copy the full recommended citation.
Date of Publication:
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.
Date of Publication:
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.
Date of Publication:
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.
Date of Publication:
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.