Contract Law

Marc Edelman, Closing the “Free Speech” Loophole: the Case for Protecting College Athletes’ Publicity Rights in Commercial Video Games

When Electronic Arts Inc. (Electronic Arts) launched its video game series NCAA Football in June 1993, the available technology limited developers to crafting avatars that looked like faceless figurines. Today, however, advancements in digital technology have enabled developers to create “virtual players” that strongly resemble their reallife counterparts. For example, in NCAA Football 12, the […]

Steven L. Schwarcz, Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy

63 Fla. L. Rev. 1053 (2011)| | | ARTICLE :: The BP Deepwater Horizon oil spill and the Toyota car recalls have highlighted an important legal anomaly that has been overlooked by scholars: judicial inconsistency and confusion in ruling whether to compensate for the loss in market value of wrongfully affected property. This Article seeks […]

Andrea M. Matwyshyn, Hidden Engines of Destruction: The Reasonable Expectation of Code Safety and the Duty to Warn in Digital Products

62 Fla. L. Rev. 109 (2010) |   |   |   | INTRODUCTION :: This Article explores a seemingly straightforward question: to what extent is a consumer entitled to know how digital products work and the likelihood of digital harm? In previous work, I have explored this question in the context of contract law […]

Andres Healy, The Constitutionality of Amended 10 U.S.C. § 802(A)(10): Does the Military Need a Formal Invitation to Reign in “Cowboy” Civilian Contractors?

62 Fla. L. Rev. 519 (2010) |   |   |   | INTRODUCTION :: Alaa “Alex” Mohammad Ali never set out to make history. He just needed a job. Nevertheless, on February 23, 2008, Ali took his first step toward making history, and did it with blood on his hands. What began as an […]

Lisa Eichhorn, Sense of Disentitlement: Frame-Shifting and Metaphor in Ashcroft v. Iqbal

62 Fla. L. Rev. 951 (2010) | | | | INTRODUCTION :: Judicial opinions analyzing civil procedure issues are unlikely sources of rich imagery. Recent legal scholarship on metaphor has focused on sexier areas of the law, such as constitutional interpretation or the regulation of new technologies. Nevertheless, beneath the superficially arid terrain of civil […]

E. Farish Percy, Applying the Common Fund Doctrine to an Erisa-Governed Employee Benefit Plan's Claim for Subrogation or Reimbursement

61 Fla. L. Rev. 55 (2009) | | | | INTRODUCTION :: Imagine that you sustain brain injury when your car collides with another vehicle. You incur $ 1 million in medical expenses, which your employee welfare benefit plan, governed by the Employee Retirement Income Security Act of 1974 (ERISA), covers. You will never be […]