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November 2014, Vol. 66, No. 6
Articles
Rafael I. Pardo, The Undue Hardship Thicket: On Access to Justice, Procedural Noncompliance, and Pollutive Litigation in Bankruptcy
Paul Rose, Shareholder Proposals in the Market for Corporate Influence
Lily Kahng, The Taxation of Intellectual Capital
Essay
Brannon P. Denning, One Toke over the (State) Line: Constitutional Limits on "Pot Tourism" Restrictions
Notes
Cole Barnett, Is Injury a Tortious Act?: Interpreting Florida's Long-Arm Statute
Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute
Category Archives: Civil Procedure
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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Stephen E. Ludovici, Rule 60(b)(4): When the Courts of Limited Jurisdiction Yield to Finality
It is basic hornbook law—affirmed by courts across time and space repeatedly and unequivocally—that subject-matter jurisdiction cannot be waived. However, in the context of a Rule 60(b)(4) motion seeking relief from a void final judgment after the time for appeal … Continue reading
Posted in Civil Procedure
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Kevin J. Lynch, The Lock-in Effect of Preliminary Injunctions
One important bias economists and psychologists have identified is the lock-in effect. The lock-in effect causes a decision maker who must revisit an earlier decision to be locked in to that earlier decision. The effect is particularly pronounced where the … Continue reading
Posted in Civil Procedure, Judicial Systems, Jurisprudence
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Wendy Parker, Recognizing Discrimination: Lessons From White Plaintiffs
The Supreme Court has developed a robust equal protection jurisprudence to recognize the rights of whites complaining of race conscious governmental activity. This was particularly reflected in the Court’s opinion in Parents Involved, where the Roberts Court radically repositioned the meaning of Brown v. … Continue reading
Posted in Civil Procedure, Discrimination Law
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