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Current Issue
Jan. 2013, Vol. 65, No. 1
Articles
David Haddock, Tonja Jacobi, & Matthew Sag, League Structure &Stadium Rent Seeking— the Role of Antitrust Revisited
Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban Trading on Inside information
Janai S. Nelson, The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
Sergio J. Campos, Erie as a Choice of Enforcement Defaults
Hanah Metchis Volokh, Constitutional Authority Statements in Congress
Sapna Kumar, The Accidental Agency?
Christian Turner, State Action Problems
Author Archives: mike814
Sergio J. Campos, Erie as a Choice of Enforcement Defaults
The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) … Continue reading
Posted in Civil Procedure
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Gary Lawson, No History, No Certainty, No Legitimacy . . . No Problem: Originalism and the Limits of Legal Theory
Professor Martin H. Redish is on the warpath. Like General Sherman marching toward Atlanta (or Justin Tuck marching toward Tom Brady), Professor Redish, together with Matthew Arnould, lays waste to every constitutional theory that he encounters. Originalism, with its “belief … Continue reading
Posted in Constitutional Law
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Erwin Chemerinsky, The Elusive Quest for Value Neutral Judging: A Response to Redish and Arnould
In October 2012, the United States Supreme Court heard oral arguments in Fisher v. University of Texas at Austin and again faced the question of whether colleges and universities can consider race as a factor in admissions decisions to benefit … Continue reading
Posted in Uncategorized
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Martin H. Redish & Matthew B. Arnould, Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative
No problem generates more debate among constitutional scholars than how to approach constitutional interpretation. This Article critiques two representative theories (or families of theories), originalism and nontextualism, and offers a principled alternative, which we call “controlled activism.” By candidly acknowledging … Continue reading
Posted in Constitutional Law, Judicial Systems
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2012 Allen L. Poucher Legal Education Series
“Florida’s Future: A Conversation with Florida Governors” Phillips Center for the Performing Arts Friday, October 12 10:00 am – 12:00 pm Press Release View Event Poster Submit a Question Watch the Lecture Live!
Posted in Florida Law Review News
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Amanda Harris, Surpassing Sentencing: The Controversial Next Step in Confrontation Clause Jurisprudence
After Crawford v. Washington opened the door to a Confrontation Clause debate in 2004, the United States Supreme Court has consistently confronted confrontation issues arising out of the Crawford interpretation. One issue that the Supreme Court has not yet tackled … Continue reading
Posted in Constitutional Law, Jurisprudence
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