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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: Civil Rights Law
Christian Turner, State Action Problems
The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private actions of private parties as public actions subject to the Constitution, as the Supreme Court did in Shelley v. Kraemer, are either vastly over-inclusive … Continue reading
Posted in Civil Rights Law, Constitutional Law
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Janai S. Nelson, The First amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized problem, felon disenfranchisement is additionally … Continue reading
Posted in Civil Rights Law, Constitutional Law, First Amendment
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Nancy Leong, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream
American culture is steeped in the mythology of the open road. In our collective imagination, the road represents freedom, escape, friendship, romance, and above all, the possibility for a better life. But our shared dream of the open road comes … Continue reading
Posted in Administrative Law, Civil Rights Law, Constitutional Law, Criminal Law
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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
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Heather Reynolds, Irreconcilable Regulations: Why the Sun Has Set on the Cuban Adjustment Act in Florida
63 Fla. L. Rev. 1013 (2011)| | | NOTE :: Just past midnight, four Cubans walked off the beach in the dark and began to wade through warm waves out into the Florida Straits. They walked nearly a mile in waist-high … Continue reading
Posted in Civil Rights Law, Discrimination Law, Employment Law, Immigration Law, International Law, Uncategorized
Tagged be, CAA, Cuban Adjustment Act, Cuban Nationals, cuban patrols, Cubans, discovered, Dry Foot, fast-boat, Florida, high water, immigration channels, Key Largo, mile-marker, possessions, repatriate, United States Coast Guard, waist, Wet Foot
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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
Posted in Civil Procedure, Civil Rights Law, Class Actions, Discrimination Law, Education Law, Uncategorized
Tagged Class Action, class certification, class members, damages, decertification, declaratory relief, discrimination, estoppell, help, injunctive relief, money damages, opt out, representation, res judicata, right to sue, rule 23, Rule 23(b)(2), theory, trial rights, waiver
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