Author Archives: Rebekah Runyon

Judge Emmett Ripley Cox, Thirty-Two Years on the Federal Bench: Some Things I Have Learned

In this Essay, prepared as the basis for the 2014 Dunwody Distinguished Lecture in Law at the University of Florida Levin College of Law, Judge Cox discusses a few things he learned from his experience as a trial judge and later as … Continue reading

Posted in Civil Procedure, Criminal Procedure, Federal Courts | Comments Off

Jonathan Remy Nash, Expertise and Opinion Assignment on the Courts of Appeals: A Preliminary Investigation

This Article examines the role of expertise in judicial opinion assignment and offers four contributions: First, this Article develops a general theory of opinion assignment on multimember courts. Second, this Article uses that theory to predict how expertise might influence … Continue reading

Posted in Judicial Systems, Jurisprudence | Comments Off

Rachel Arnow-Richman, Mainstreaming Employment Contract Law: The Common Law Case for Reasonable Notice of Termination

This Article simultaneously exposes a fundamental error in employment termination doctrine and a paradox in contract law jurisprudence. Contemporary employment law has developed under the assumption that at-will parties may terminate their relationship both without reason and without notice. This … Continue reading

Posted in Contract Law, Employment Law | Comments Off

Edward A. Purcell, Jr., Democracy, the Constitution, and Legal Positivism in America: Lessons from a Winding and Troubled History

This Article explores the political and philosophical background of the current debate between positivist “originalism” and evolutionary “living constitutionalism” and, more generally, the significance of positivist ideas for both democratic and constitutional theory. Noting the tensions between positivist and nonpositivist … Continue reading

Posted in Constitutional Law | Comments Off

Allen L. Poucher Lecture

The Florida Law Review presents the 2014 Allen L. Poucher Lecture. The lecture, entitled “Legalize Marijuana? A Conversation with the Experts,” will be held today at 10:00 AM in the Curtis M. Phillips, M.D. Center for the Performing Arts at the University … Continue reading

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William C. Matthews, The Fifth Circuit’s Misguided Interpretation of Title VII’s Anti-Retalliation Provision in Hernandez v. Yellow Transportation, Inc.

After Burlington Northern & Santa Fe Railway Co. v. White resolved the issue of what constitutes an “adverse action” under the Title VII anti-retaliation statute, the scope of employer liability was substantially broadened. The Supreme Court’s decision reinforced the broad … Continue reading

Posted in Labor & Employment Law | Comments Off