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November 2015, Vol. 67, No. 6
Articles
Liesa L. Richter, Posnerian Hearsay: Slaying the Discretion Dragon
Sapna Kumar, Regulating Digital Trade
W. Keith Robinson, Economic Theory, Divided Infringement, and Enforcing Interactive Patents
Sandra F. Sperino, Retaliation and the Reasonable Person
Essays
R. George Wright, Content-Neutral and Content-Based Regulations of Speech: A Distinction That Is No Longer Worth the Fuss
Notes
S. Megan Testerman, A World Wide Web of Unwanted Children: The Practice, the Problem, and the Solution to Private Re-Homing
Category Archives: Civil Procedure
Stephen Carr, The Problems with Principles of Judicial Review: Dart Cherokee Basin Operating Co. v. Owens
Problems of appellate jurisdiction are, by their nature, mainly pragmatic problems. The U.S. Circuit Courts of Appeals are forced to balance the need to provide timely, effective appellate review of district court decisions against the understandable desire for judicial economy.In … Continue reading
Posted in Civil Procedure, Class Actions
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Cole Barnett & Chris Weeg, Intervention in the Tax Court and the Appellate Review of Tax Court Procedural Decisions
The Tax Court is an Article I court. It resolves more than 95% of all tax-related litigation—actually nearly 97% of the total federal tax docket in 2012. Despite this substantial role in federal litigation, scholars and courts have generally put … Continue reading
Posted in Civil Procedure, Tax Law
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Stephen Carr, Reconsidering Indirect-Purchaser Class Actions
Few issues have proven more vexing to private antitrust enforcement than those related to indirect-purchaser class actions. The current dual system of enforcement—federal and state—exacerbates the difficulty of litigating indirect-purchaser claims by layering procedural complexity on top of substantive complexity … Continue reading
Posted in Civil Procedure, Class Actions
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Cole Barnett, Is Injury a Tortious Act?: Interpreting Florida’s Long-Arm Statute
Florida Statute § 48.193 enumerates several acts that grant Florida courts personal jurisdiction over nonresident defendants. Under Florida Statute § 48.193(1)(a)(2), nonresident defendants may become subject to personal jurisdiction in Florida by “committing a tortious act within this state.” The … Continue reading
Posted in Civil Procedure
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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
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Peter L. Markowitz & Lindsay C. Nash, Constitutional Venue
A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such … Continue reading
Posted in Civil Procedure, Constitutional Law
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