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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
Category Archives: Attorney Practice
Ronald J. Allen, How to Think About Errors, Costs, and Their Allocation
There is an ongoing, robust debate about the structure of litigation, and in particular, about access to the courts. For a considerable period of time, the mantra that the courts should be readily available to all the people so that … Continue reading
Posted in Attorney Practice, Civil Procedure
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Steven L. Schwarcz, Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy
63 Fla. L. Rev. 1053 (2011)| | | ARTICLE :: The BP Deepwater Horizon oil spill and the Toyota car recalls have highlighted an important legal anomaly that has been overlooked by scholars: judicial inconsistency and confusion in ruling whether … Continue reading
Posted in Attorney Practice, Contract Law, Securities Law, Tort Law
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Jonathan Witmer-Rich, Interrogation and the Roberts Court
63 Fla. L. Rev. 1189 (2011)| | | ARTICLE :: Through 2010, the Roberts Court decided five cases involving the rules for police interrogation under the Fifth and Sixth Amendments: Kansas v. Ventris; Montejo v. Louisiana; Florida v. Powell; Maryland … Continue reading
Posted in Attorney Practice, Constitutional Law, Criminal Law, Criminal Procedure, Federal Courts, Judicial Systems, Jurisprudence, Uncategorized
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Nathan A. Frazier, Amending for Justice’s Sake: Codified Disclosure Rule Needed to Provide Guidance to Prosecutor’s Duty to Disclose
63 Fla. L. Rev. 771 (2011)| | | | ABSTRACT :: “I wouldn’t wish what I am going through on anyone,” Senator Ted Stevens commented after losing his seat in the United States Senate on November 18, 2008. Senator Stevens … Continue reading
Posted in Attorney Practice, Criminal Law, Criminal Procedure, Evidence, Fourth Amendment, Governments and Legislation, Uncategorized
Tagged 4th amendment, 6th amendment, bias, blatant violations, Brady, confessions, confrontation clause, considerable authority, conviction, Criminal Defense, Criminal Procedure, criminal prosecution, Discovery, Federal Court, federal rules of civil procedure, Giglio, inconsistent statements, information, Jencks, material evidence, mental impairments, monetary rewards, paid informants, prior testimony, promises of immunity, Rule 26, suppression, vacate
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Nelson Lund, Two Faces of Judicial Restraint (Or Are There More?) in McDonald v. City of Chicago
63 Fla. L. Rev. 487 (2011)| | | | INTRODUCTION :: Since the days of the Warren Court, conservatives have attacked “judicial activism.” Beginning with Judge Robert Bork’s Supreme Court nomination hearings, and lately with increasing frequency, liberals have sought … Continue reading
Posted in Attorney Practice, Constitutional Law, Governments and Legislation, Judicial Systems, Jurisprudence, Uncategorized
Tagged appointment, article 3 judges, conservative, constitutional law, decisionmaking, different outlook, each model, Faces of Judicial Restraint, Judges, judicial politics, judicial silence, Lund, McDonald v. City of Chichago, model, nomination, opinions, political appointment, Politics, statements, understanding of law, wing
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Kevin M. Clermont, Sequencing the Issues for Judicial Decisionmaking: Limitations from Jurisdictional Primacy and Intrasuit Preclusion
63 Fla. L. Rev. 301 (2011)| | | | ABSTRACT :: This Article treats the order of decision on multiple issues in a single case. That order can be very important, with a lot at stake for the court, society, and … Continue reading
Posted in Attorney Practice, Civil Procedure, Judicial Systems, Uncategorized
Tagged Article 3, Article III, Civil Procedure, Clermont, common issues, damages, Intrasuit Preclusion, Judicial Decisionmaking, jurisdiction, jurisdictional defenese, Jurisdictional Primacy, order, order of decision, Sequencing, steel Co.-Ruhrgas, Subject Matter Jurisdiction
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