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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
Russell D. Covey, Longitudinal Guilt: Repeat Offenders, Plea Bargaining, and the Variable Standard of Proof
63 Fla. L. Rev. 431 (2011)| | | | ABSTRACT :: This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea … Continue reading
Posted in Attorney Practice, Criminal Law, Criminal Procedure, Uncategorized
Tagged Burden of Proof, Changes and Withrdawls, Covey, criminal justice system, Criminal Law, Criminal Procedure, danger ous offenders, deterrance, graduated sentencing systems, Guilty Pleas, longitudinal guilt, offenders, reasonable doubt, recidivism, repeat offenders, Sentencing, specific allegations of wrong doing
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Adam Denver Griffin, The Federal Sentencing Guidelines’ Abuse of Trust Enhancement: An Argument for the Professional Discretion Approach
63 Fla. L. Rev. 457 (2011)| | | | INTRODUCTION :: In a national issue of first impression for the circuit courts, the Eleventh Circuit, in United States v. Louis, held that a federally licensed firearm dealer who knowingly sells … Continue reading
Posted in Attorney Practice, Criminal Law, Criminal Procedure, Liability Law, Securities Law
Tagged 1993 Amendment, Abuse of trust Enhancement, authority, circuit split, Discretion, Eleventh Circuit, enhancement, Environmental Protection Agency, EPA, federal Government, Federal Sentencing Guidelines, firearm dealers, Firearms, Griffin, Guidelines § 3B1.3, illegal firearm disbursement, licensed dealers, Professional Discretion Approach, Starnes, Third Circuit, U.S. Sentencing Commission, United States v. Louis
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Sung Hui Kim, Naked Self-Interest? Why the Legal Profession Resists Gatekeeping
63 Fla. L. Rev. 129 (2011)| | | | ABSTRACT :: This Article asks and answers the following question: why does the legal profession resist gatekeeping? Or, put another way, why do lawyers resist duties that require them to act … Continue reading
Posted in Attorney Practice, Evidence, Governments and Legislation, Securities Law, Tort Law, Uncategorized
Tagged attorney practice, corporate harm, economic self interest, gatekeeping, Kim, legal practice
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Andrew Blair-Stanek, Twombly is the Logical Extension of the Mathew v. Eldridge Test for Discovery
62 Fla. L. Rev. 1 (2010) | | | | ABSTRACT :: The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for … Continue reading
Posted in Attorney Practice, Civil Procedure, Jurisprudence, Uncategorized
Tagged attorney practice, Bell Atlantic, Civil Procedure, Complaint, Discovery, Eldridge, Jurisprudence, Matthews, Motion to Dismiss, Stanek, Twombly
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Jennifer Lynch, The Eleventh Amendment and Federal Discovery: A New Threat to Civil Rights Litigation
62 Fla. L. Rev. 203 (2010) | | | | ABSTRACT :: Lawyers for the State of California have argued recently in several federal civil rights cases that the state sovereign immunity doctrine bars all discovery issued … Continue reading
Posted in Attorney Practice, Civil Rights Law, Copyright Law, Internet Law, Uncategorized
Tagged case law, civil rights protections, Eleventh Amendment, federal courts, Federal Discovery, Federal District Courts, Lynch, March 2007, March 2008, soverign immunity, soverign immunity defense, State employees, tribal soverign immunity, yearly caseload
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Allison Sirica, The New Federal Pleading Standard: Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009)
62 Fla. L. Rev. 547 (2010) | | | | CASE COMMENT :: In the wake of the September 11, 2001 terrorist attacks, Javaid Iqbal, a Muslim citizen of Pakistan, was arrested and detained in a maximum … Continue reading
Posted in Attorney Practice, Civil Procedure, Civil Rights Law, Uncategorized
Tagged 2001, abusive, Ashcroft, Director of Federal Bureau of Investigation, Federal Pleading Standard, Iqbal, Javaid Iqbal, John Ashcroft, Muslim Citizen, Pakistan, Robert Mueller, September 11, Sirica, strip and body cavity searches, United States Attorney General, unnecessary
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