Criminal law - prison labor - Florida reintroduces chain gangs - Act of June 15, 1995, ch. 283, 1995 Fla. Sess. Law Serv. 2080, 2081 (West)
Article Abstract:
Florida's decision to reinstitute the use of chain gangs is intended to deter crime and reduce recidivism, but little evidence supports that premise and the state is likely to promote only prison violence and racial division. The moral arguments for retribution have been buttressed by deterrence arguments, yet there is no empirical evidence that justifies the use of chain gangs for deterrence. Furthermore, the state is demonstrating profound cultural insensitivity in reintroducing an institution that was used after the Civil War to effect de facto enslavement of African-Americans.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Land-use regulation - compensation statutes - Florida creates cause of action for compensation of property owners when regulation imposes "inordinate burden" - Bert J. Harris, Jr., Private Property Rights Protection Act, ch. 181, 1995 Fla. Sess. Law Serv. 1331 (West)
Article Abstract:
The inordinate burden standard of Florida's Private Property Rights Protection Act of 1995 may promote fairness in individual cases of regulatory taking, but percentage-loss statutes may be preferable from a policy standpoint. The inordinate burden standard ensures that actual harm has resulted from land-use restrictions before compensation is warranted, but distortions in policy may result and social costs may increase. Statutes applying a percentage-loss standard would provide law-makers with greater predictability.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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Statutory interpretation - federal Food, Drug, and Cosmetic Act - Fourth Circuit holds that FDA lacks jurisdiction to regulate tobacco. - Brown & Williamson Tobacco Corp. v. Food & Drug Administration
Article Abstract:
The US 4th Circuit Court of Appeals in Brown & Williamson Tobacco Corp. v. Food & Drug Administration incorrectly held that the US FDA did not have jurisdiction under the Food, Drug, and Cosmetic Act to regulate tobacco products. The court should have given the agency's interpretation of statutory enabling language deference rather than erroneously concluding that the plain language of the statute supported its conclusion.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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