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Current Issue
Apr. 2012, Vol. 64, No. 2
Articles
Charles W. Rhodes, Nineteenth Century Personal Jurisdiction Doctrine in a Twenty-First Century World
Essay
Rebecca E. Zietlow, Popular Originalism: The Tea Party and Constitutional Theory
Note
Category Archives: Civil Procedure
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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Henry N. Butler & Joshua D. Wright, Are State Consumer Protection Acts Really Little-FTC Acts?
63 Fla. L. Rev. 163 (2011) | | | | ABSTRACT :: State Consumer Protection Acts (CPAs) were designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers and are often referred to as “Little-FTC Acts.” There is … Continue reading
George D. Brown, Accountability, Liability and the War on Terror—Constitutional Tort Suits as Truth and Reconciliation Vehicles
63 Fla. L. Rev. 193 (2011)| | | | ABSTRACT :: This Article examines the role of civil suits in providing accountability for the Bush administration’s conduct of the “war on terror.” There have been calls for a “Truth and … Continue reading
Posted in Antitrust & Trade Law, Business & Corporate Law, Civil Procedure, Governments and Legislation, Uncategorized
Tagged abuse of power, Arar, Ashcroft, Brown, Government Accountibility, Iqbal, Obama, Padilla, Truth and Reconciliation Commission, War on Terror
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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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Gregory C. Sisk, Lifting the Blindfold From Lady Justice: Allowing Judges to See the Structure in the Judicial Code
62 Fla. L. Rev. 457 (2010) | | | | ABSTRACT :: Two centuries ago, Chief Justice John Marshall wrote that “[w]here the mind labours to discover the design of the legislature, it seizes everything from which … Continue reading
Posted in Civil Procedure, Judicial Systems, Jurisprudence, Uncategorized
Tagged Chief Justice John Marshall, federal judiciary, Judicial Code, Judicial Intrepreation, Judicial Systems, Lady Justice, Lady Justicia, legislative construction, legislatively-imposed blindness, Sisk, Title 28, transparency to intrepretation
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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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