Tag Archives: volume 43 issue 4

KNOWLEDGE IS SALVATION: INFORMING INVESTORS BY REGULATING DISCLOSURES TO SAFEGUARD BEST EXECUTION

Command and control of information—knowledge—sustain the powerful over the ill informed.  In the securities industry, informational disparities and advantages translate into massive gains and catastrophic losses. Today, the world of high-frequency trading has emerged from the shadows and sparked a … Continue reading

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DUMPING THE PROBABLE CAUSE REQUIREMENT: WHY THE SUPREME COURT SHOULD DECIDE PROBABLE CAUSE IS NOT NECESSARY FOR CELL TOWER DUMPS

With technology changing and improving as quickly as ever, it stands to reason that the law is often behind the times, and regularly needs to catch up. This is precisely where the law currently stands regarding cell phones. It seems … Continue reading

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KEEPING YOUR PERSONAL INFORMATION PERSONAL: TROUBLE FOR THE MODERN CONSUMER

The online market is continuously growing and expanding, with many benefits to the consumer. Online purchasing and web browsing make consumers’ lives much easier. But the ease of online activities comes with a cost. Companies are collecting, storing, and using … Continue reading

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THE RULE OF LAW: A CURRENTLY INCOHERENT IDEA THAT CAN BE REDEEMED THROUGH VIRTUE

The crucial idea of “the rule of law” comes in several varieties, or conceptions. One family of traditional conceptions of the rule of law focuses primarily on procedures, processes, formalities, and decision-making structures. Another family of rule of law conceptions … Continue reading

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BELIEVE IT OR NOT: MITIGATING THE NEGATIVE EFFECTS PERSONAL BELIEF AND BIAS HAVE ON THE CRIMINAL JUSTICE SYSTEM

Anyone who has visited a courtroom or two in Florida may have noted the inscription on the wall behind the judge. It boldly states: “We Who Labor Here Seek the Truth.” This Article examines both a prosecutor’s and a defense … Continue reading

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THE IMPLICATIONS OF INCORPORATING THE EIGHTH AMENDMENT PROHIBITION ON EXCESSIVE BAIL

The Eighth Amendment prohibition on “excessive bail”1 is perhaps the least developed of the criminal clauses in the Bill of Rights.  The reasons have nothing to do with a scarcity of complaints about excessive bail in the trial courts. At … Continue reading

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LAWYER-CLIENT CONFIDENTIALITY: RETHINKING THE TRILEMMA

The trilemma refers to three ethical obligations bearing on lawyerclient confidentiality, all of which a lawyer cannot simultaneously obey when faced with client perjury. A lawyer is required (1) to learn as much as possible about a client’s case; (2) … Continue reading

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DILEMMAS OF SHARED PARENTING IN THE 21ST CENTURY: HOW LAW AND CULTURE SHAPE CHILD CUSTODY

Here’s the story: Odysseus, who is known as Odysseus the Cunning (or Ulysses for you Latin scholars) is trying to get home to his beloved wife Penelope. It’s taking him twenty years, but as you know, he’s so cunning he won’t ask for … Continue reading

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WRESTLING WITH EQUITY: IDENTIFIABLE TRENDS AS THE FEDERAL COURTS GRAPPLE WITH THE PRACTICAL SIGNIFICANCE OF MARTINEZ V. RYAN & TREVINO V. THALER

For decades, the Supreme Court of the United States was clear that the quality of legal assistance a prisoner received during his or her state collateral-review proceedings was of no significance in federal habeas proceedings, even if effective assistance from … Continue reading

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