Florida Law Review Forum

DOJ’s Failure to Prove Its “Killer Acquisition” Claim In Sabre/ Farelogix and Parallels to Other Recent Government Merger Litigation Losses

Steven C. Sunshine and Julia K. York

Abstract On August 20, 2019, the U.S. Department of Justice (DOJ) sued to block Sabre Corporation (Sabre), a provider of a global distribution system (GDS) to travel agents, from acquiring Farelogix, Inc. (Farelogix), an IT provider to airlines. DOJ advocated a killer acquisition theory, portraying Sabre as a dominant firm intent on “tak[ing] out” Farelogix, […]

The Freedmen’s Memorial to Lincoln: A Postscript to Stone Monuments and Flexible Laws

Peter Byrne

Abstract In a recent essay in the Florida Law Review Forum, commenting on a recent article by Jess Phelps and Jessica Owley, I argued that historic preservation law poses no significant barrier to removal of Confederate monuments and even provides a useful process within which a community can study and debate the fate of specific […]

Activist Judges?: Technology, Rule 1, and the Limits of Judge Matthewman’s New Paradigm for E-Discovery

David Horrigan

Response to William Matthewman, Towards a New Paradigm for E-Discovery in Civil Litigation: A Judicial Perspective Abstract The description, “activist judge,” often has a pejorative connotation in the culture wars, but what about judicial activism advocating for professionalism, cooperation, and honest good faith in e-discovery? Activism has been defined as “a doctrine or practice that […]

Testa, Crain, and the Constitutional Right to Collateral Relief

Carlos M. Vázquez & Stephen I. Vladeck

Response to Ann Woolhandler & Michael G. Collins, State Jurisdictional Independence and Federal Supremacy Abstract        In Montgomery v. Louisiana, the U.S. Supreme Court held that state prisoners have a constitutional right to relief from continued imprisonment if the prisoner’s conviction or sentence contravenes a new substantive rule of constitutional law. Specifically, the Court held […]

Swallowing its Own Tail: The Circular Grammar of Background Principles Under Lucas

Gregory M. Stein

Response to Michael C. Blumm & Rachel G. Wolfard, Revisting Background Principles in Takings Litigation Abstract The exception to the rule the United States Supreme Court established in Lucas v. South Carolina Coastal Council undercuts that rule more than the Court probably anticipated, as Professor Michael C. Blumm and Ms. Rachel G. Wolfard persuasively demonstrate […]

Criminalization and Normalization: Some Thoughts About Offenders With Serious Mental Illness

Richard C. Boldt

Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness Abstract While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks […]