Articles by Category

Civil Procedure

Civil Rights Law

Constitutional Law

Criminal Procedure

Governments and Legislation

For More Articles by Category:

Select a category from the dropdown below or browse our Full Listing of Categories page.

Fla. L. Rev. News

Fla. L. Rev. Forum

Mary F. Radford
Response to Professor Spitko’s The Will As An Implied Unilateral Arbitration Contract And An Alternative Approach
Response to E. Gary Spitko, The Will As An Implied Unilateral Arbitration Contract

I read Professor Gary Spitko’s article entitled The Will As an Implied Unilateral Arbitration Contract with great interest. Professor Spitko’s proposal to characterize a will as an implied unilateral contract between the individual donor (testator) and the state is both novel and far-reaching. By way of background, I have for years advocated strongly in favor of the use of mediation to resolve will challenges and other disputes relating to fiduciary law. I am also a relatively recently-converted proponent of the enforcement of mandatory arbitration clauses in will and trusts disputes. As such, I applaud Professor Spitko for his theory and would fervently like for courts to see the wisdom of his approach. However, the pragmatic and albeit cynical aspect of my intellectual temperament leads me to play devil’s advocate. The arguments I present here against Professor Spitko’s approach are admittedly simplistic, but they have forced me to attempt to come up with an alternative approach that may serve as a back-up in the event that courts do not see the wisdom of Professor Spitko’s theory. Read more.

Fla. L. Rev. Forum

Allen Rostron
Guns, Speech, and Breathing Space
Response to Andrew McClurg, The Second Amendment Right to Be Negligent

In The Second Amendment Right to Be Negligent, Professor Andrew McClurg astutely observes that current law provides the constitutional right to be negligent in two important realms. He first notes that the Supreme Court has construed the freedom of expression protected by the First Amendment as including a right to be negligent in speaking about public officials, public figures, and issues of public interest. Professor McClurg then argues that a constitutional right to be negligent has emerged under the Second Amendment as well, with courts and legislatures essentially creating a right to be negligent in the sale and storage of firearms. Professor McClurg’s focus is squarely on the Second Amendment right to be negligent, so his Article briefly mentions the parallel First Amendment right but does not discuss it in great detail. In this response to the Article, I will explore the relationship between the rights a bit further and offer a few thoughts on the relative merits of the First Amendment right to be negligent and its Second Amendment cousin. Read more.

Environmental Law

Florida Constitutional Law