About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

51 Stetson L. Rev. i (2021-2022)

handle is hein.journals/stet51 and id is 1 raw text is: STETSON LAW REVIEW VOLUME 51 FALL2021 NUMBER 1 OPEN ISSUE ARTICLES A Critical Look at the First 50 Years of Florida's Citizen Initiative Process ChristopherS. Emmanuel 1 Florida's Constitution is often amended through various procedures, mostofwhich need reform. Of particular concern is Florida's citizen initiative process under Article XI, where citizens and special interest organizations are able to directly propose constitutional amendments with limited safeguards. This Article outlines the process for amending Florida's Constitution through the initiative process, describes some of the problems with the current system, and discusses a few proposed reforms. Sad Lawyeringin Happy Valley Douglas R. Richmond 29 Lawyers generally have no trouble identifying their clients or understanding the nature of their representations. Butthat is not always the case. In some instances, an attorney-client relationship maybe implied or inferred from the parties' conduct. In other cases, a lawyer may acknowledge an attorney-client relationship with someone-for instance, an employee of an organizational client-but believe that the scope of the representation is limited in a fashion that exempts the lawyer from certain duties that the lawyer might otherwise owe the individual client. Yet, depending on the facts, there is no assurance that the lawyer's belief is justified. Plus, even within the confines of a limited scope representation, the lawyer still owes the client critical duties. Lawyers who fail to appreciate that they are a party to an implied attorney-client relationship, or who do not understand the scope of a client's representation or their duties within that scope, tempt professional trouble. No case illustrates these situations better than the Pennsylvania Supreme Court's 2020 decision in Office of Disciplinary Counsel v. Baldwin. Baldwin is an outgrowth of the largest sandal in the history of college sports: former Penn State assistant football coach Jerry Sandusky's molestation of numerous boys from his youth charity. Sandusky was convicted of multiple crimes and received a long prison sentence, but the consequences of the scandal stretched well beyond his conviction. Amongthose consequences was the professional discipline of Penn State's distinguished former general counsel, Cynthia Baldwin, an accomplished lawyer and Pennsylvania Supreme Court Justice prior to becoming Penn State's general counsel. Baldwin was not the sort of lawyer anyone would expect to stumble over settled professional responsibility principles but stumble she unfortunately did. Baldwin's tragically confused performance as Penn State's general counsel and as personal counsel for three senior Penn State administrators amidst the Sandusky scandal has emerged from Happy Valley as a cautionary tale for lawyers. Smart Home Data Privacy and an Evolving Fourth Amendment Dr. Laurie Thomas Lee 69 With the growth of smart home technology comes extraordinary opportunities for data collection and a newfound tool for law enforcement investigations. But recent cases raise serious questions about privacy rights in the smart home. This Article examines evolving Fourth Amendment jurisprudence and the framework for assessing privacy and smart home technology. The narrow ruling of Carpenter v. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most