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Fla. L. Rev. News

Fla. L. Rev. Forum

David O. Taylor 
Patent Stewardship, Choice of Law, and Weighing Competing Interests
Response to Xuan-Thao Nguyen, In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law

Many have criticized the Federal Circuit over the years for expanding its jurisdiction or applying its own law in inappropriate circumstances. Paul Gugliuzza, for example, recently argued that the Federal Circuit has wrongly expanded its jurisdiction “to protect and enhance its power relative to state courts,” and that it “has improperly leveraged choice-of- law doctrine to expand the scope of federal common law and restrict the scope of state contract law.” In this regard, Xuan-Thao Nguyen’s article, In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law, might be seen as “piling on”—simply more detailed evidence of overreaching by the nation’s patent court, which is troubling, but familiar. Read More.





Fla. L. Rev. Forum

Christopher Serkin
The Winners and Losers in Negotiating Exactions: A Response to Sean Nolon
Response to Sean Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government

Land use law suffers from something of a split personality. On the one hand, zoning and land use controls represent the product of a planning process aimed at improving municipal design. Urban planners set forth aspirational goals that zoning and land use controls seek to achieve. On the other, modern land use practices tend to treat zoning as a framework for bargaining between developers and municipal officials. Some municipalities set aside large swaths of land in holding zones so that any development will require negotiation. And even where practices are not so explicit, most development projects of any significant size will require discretionary approvals that provide an opportunity for bargaining between developers and municipal officials. Read More.



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