Foreward Article
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Recommended Citation
Luz Estella Nagle, Foreward, 32 Stetson L. Rev. 725 (2003)Clicking on the button will copy the full recommended citation.
2003
Designing and Using Peer Review in a First-Year Legal Research and Writing Course Article
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Kirsten K. Davis, Designing and Using Peer Review in a First-Year Legal Research and Writing Course, 9 Legal Writing 1 (2003)Clicking on the button will copy the full recommended citation.
Using peer review in a first-year legal research and writing course has advantages. A peer review exercise encourages cooperation, puts students in the audience role, reinforces basic writing skills, and gives students experience with giving constructive feedback. This article provides information about designing an effective in-class peer review and reports how students responded to the exercise.
The Challenges of Fighting Global Organized Crime in Latin America Article
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Luz Estella Nagle, The Challenges of Fighting Global Organized Crime in Latin America, 26 Fordham Int'l L.J. 1649 (2003)Clicking on the button will copy the full recommended citation.
Latin American states have long been fertile ground for organized crime. Some of the world’s busiest corridors for trafficking in drugs, weapons, documents, and human beings run between and through Latin America and the United States and Canada. While Latin American states are signatories to many conventions and international agreements to fight organized crime, endemic corruption and the inability to Latin American states to enforce domestic law and honor international agreements hinders the capacity of international law enforcement partnerships to address transborder crime. This article looks as the duties of Latin American states to fight organized crime and the difficulties the states have in honoring is international responsibilities.
Catching the Culprits: Is Sarbanes-Oxley Enough? Article
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Joseph F. Morrissey, Catching the Culprits: Is Sarbanes-Oxley Enough?, 2003 Colum. Bus. L. Rev. 801 (2003)Clicking on the button will copy the full recommended citation.
Catching the Culprits: Is Sarbanes-Oxley Enough discusses the fact that three major events occurred in the mid to late 1990s to make the securities fraud regulatory regime more lax. Those three events were: the elimination of a private right of action for aiding and abetting securities fraud, the passage of the Private Securities Litigation Reform Act of 1995 (the PSLRA) and the passage of Securities Litigation Uniform Standards Act of 1998 (the SLUSA). My conclusion is that while the Sarbanes-Oxley Act does create certain safeguards for investors, it does not undo the harm that those three events of the 1990s caused. My article argues that what is needed is for aiding and abetting liability to be revived and for the harsh anti-liability provisions of the PSLRA and the SLUSA to be rescinded.
Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 Book Chapter
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Ellen S. Podgor, Counterfeit Access Device and Computer Fraud and Abuse Act of 1984, in Major Acts of Congress (B. Landsberg ed., Macmillan Reference Books, 2003)Clicking on the button will copy the full recommended citation.
Direct Appeal Jurisdiction of Florida’s District Courts of Appeal Article
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Ann Piccard, Direct Appeal Jurisdiction of Florida’s District Courts of Appeal, 33 Stetson L. Rev. 152 (2003)Clicking on the button will copy the full recommended citation.
“Defensive Territoriality”: A New Paradigm for the Prosecution of Extraterritorial Business Crimes Article
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Ellen S. Podgor, “Defensive Territoriality”: A New Paradigm for the Prosecution of Extraterritorial Business Crimes, 31 Ga. J. Int'l & Comp. L. 1 (2003)Clicking on the button will copy the full recommended citation.
Naturalization Acts (1790) Book Chapter
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James W. Fox, Naturalization Acts (1790), in Major Acts of Contress (Macmillan Reference Books, 2003)Clicking on the button will copy the full recommended citation.
Extraterritorial Criminal Jurisdiction: Replacing “Objective Territoriality with “Defensive Territoriality” Article
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Ellen S. Podgor, Extraterritorial Criminal Jurisdiction: Replacing “Objective Territoriality with “Defensive Territoriality”, 28 Studies in Law, Politics, and Society 117 (2003)Clicking on the button will copy the full recommended citation.
The "objective territorial principle" is a common jurisdiction base used in the United States for the prosecution of extraterritorial crimes. With increased globalization, it becomes easier for a prosecutor to demonstrate that conduct occurring outside the United States is having a substantial effect in this country. Although "objective territoriality" expands the limits of extraterritorial jurisdiction, it sometimes fails to offer jurisdiction for conduct directly targeting the United States government. This article suggests that "objective territoriality" needs to be reconfigured to provide more respect for the laws of other countries. Likewise, in keeping with the decision of United States v. Bowman, it is important to provide extraterritorial jurisdiction when necessary to protect government processes of the United States. This article offers the concept of "defensive territoriality" as an alternative to "objective territoriality." It distinguishes this new concept from the "protective principle" and presents contextual application of how this new principle might operate in determining issues of extraterritoriality.
Government Surveillance of Attorney-Client Communications: Invoked in the Name of Fighting Terrorism Article
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Ellen S. Podgor and John Wesley Hall, Government Surveillance of Attorney-Client Communications: Invoked in the Name of Fighting Terrorism, 17 Geo. J. Legal Ethics 145 (2003)Clicking on the button will copy the full recommended citation.
This essay provides a critical analysis of Attorney General Ashcroft's Order permitting the government to monitor attorney-client conversations in prison. It provides a summary of the Order, the responses to the Order, and discusses ongoing litigation that contests the Order. The Essay also provides, as background, the contextual setting that allows for monitoring under existing provisions in Title III and FISA. After examining the constitutional issues emanating from Ashcroft's Order permitting attorney-client monitoring in prison, there is a discussion of the implications to the Attorney-Client and Work Product Privileges. Of particular focus is the ethical responsibilities of counsel when maintaining contact with a client when monitoring may be occurring. The Essay considers the importance of finding an appropriate balance between civil liberties and national security, but maintains that the Attorney General should not be permitted to disregard constitutional rights, the attorney-client privilege and the ethical responsibilities of attorneys, claiming that these measures are necessary to fight terrorism.