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

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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

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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

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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

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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!

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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

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