Category Archives: Civil Procedure

Jordan E. Pratt, An Open and Shut Case: Why (and How) The Eleventh Circuit Should Restrain the Government’s Forum Closure Power

63 Fla. L. Rev. 1487 (2011)| | | | The Supreme Court has made it clear that when the government opens a nontraditional public forum, it retains the power to shut down the forum subsequently. But the Court has not … Continue reading

Posted in Civil Procedure, Civil Rights Law, Constitutional Law, First Amendment, Governments and Legislation, Jurisprudence, Uncategorized | Comments Off

Richard A. Epstein, Dunwody Distinguished Lecture in Law: The Constitutional Paradox of the Durbin Amendment: How Monopolies are Offered Constitutional Protections Denied to Competitive Firms

63 Fla. L. Rev. 1307 (2011)| | | | The Durbin Amendment is the first of the major provisions of the Dodd-Frank Act to have been implemented-but only after it withstood a constitutional challenge on the basis of the Takings … Continue reading

Posted in Administrative Law, Business & Corporate Law, Civil Procedure, Economics, Immigration Law, Uncategorized | Comments Off

Stewart E. Sterk and Kimberly J. Brunelle, Zoning Finality: Reconceptualizing Res Judicata Doctrine in Land Use Cases

63 Fla. L. Rev. 1139 (2011)| | | ARTICLE :: Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as … Continue reading

Posted in Civil Procedure, Environmental Law, Judicial Systems, Jurisprudence, Liability Law, Uncategorized | Leave a comment

Lauren A. Kirkpatrick, Treading on Sacred Ground: Denying the Appointment of a Testator’s Nominated Personal Representative

63 Fla. L. Rev. 1041 (2011)|  | | PDF CASE COMMENT, Schleider v. Estate of Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000) :: Muriel’s mother had just died. She and her sister, Orit, had been fighting for years during … Continue reading

Posted in Civil Procedure, Estates & Trusts Law, Family Law, Property Law, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

David Marcus, Flawed but Noble: Desegregation Litigation and its Implications for the Modern Class Action

63 Fla. L. Rev. 657 (2011)| | | | INTRODUCTION :: From the perspective of the present day, Rule 23 of the Federal Rules of Civil Procedure contains a difficult puzzle. After a court certifies a class pursuant to Rule … Continue reading

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Jim Gash, The End Of An Era: The Supreme Court (Finally) Butts Out of Punitive Damages For Good

63 Fla. L. Rev. 525 (2011)| | | | INTRODUCTION :: It is finally over. The Supreme Court’s incursion into punitive damages jurisprudence has unceremoniously ended, but not before the Court, under the guise of substantive due process, erected a … Continue reading

Posted in Civil Procedure, Constitutional Law, Governments and Legislation, Judicial Systems, Jurisprudence, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment