Florida Law Review Forum

Coloring Outside The Lines: A Response to Professor Seamon’s Dismantling Monuments

Hope Babcock

Abstract Response to Richard H. Seamon, Dismantling Monuments In Dismantling Monuments, Professor Richard H. Seamon defends President Donald Trump’s recent proclamations modifying the boundaries of two national monuments, Grand Staircase-Escalante and Bears Ears, that Presidents Clinton and Obama each designated at the ends of their Administrations. Professor Seamon is not alone in making these arguments, as I […]

A Response to Dismantling Monuments

John C. Ruple

Abstract Response to Richard H. Seamon, Dismantling Monuments On December 4, 2017, President Trump shrank Bears Ears by 85% and the Grand Staircase Escalante by almost 50%. The question at the heart of the lawsuits that followed is simple: does the President have the legal authority to dismember our national monuments? I believe that he […]

Reflections on Hoffheimer’s The Stealth Revolution in Personal Jurisdiction

Michael Vitiello

Abstract Response to Michael H. Hoffheimer, The Stealth Revolution in Personal Jurisdiction The Supreme Court did not grant review in a case involving personal jurisdiction between 1990 and 2010 at a time when our world flattened. Since then, the Court has decided six cases. In each, the Court has found that the assertion of jurisdiction violated […]

The Muddy-Booted, Disingenuous Revolution in Personal Jurisdiction

Patrick J. Borchers

Abstract Response to Michael H. Hoffheimer, The Stealth Revolution in Personal Jurisdiction When the editors of the Florida Law Review offered me the opportunity to comment on Professor Michael Hoffheimer’s wonderfully insightful article, I almost declined. The reason is that I agree with pretty much everything of substance he says. I agree with him that the […]

Another Look at Lawyer Discretion to Assist Clients in Unlawful Conduct

Samuel Levine

Abstract Response to Paul R. Tremblay, At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct Professor Paul Tremblay’s At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, identifies and explores an apparent gap in the law governing the work of lawyers: the question of whether lawyers may assist clients in unlawful conduct […]

Lawyers’ Constrained Fiduciary Duties: A Comment on Paul R. Tremblay, At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct

W. Bradley Wendel

Abstract Response to Paul R. Tremblay, At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct The Model Rules of Professional Conduct seem to have a blind spot. As Professor Paul Tremblay rightly observes, most legal ethics scholars assert that lawyers are prohibited from assisting “unlawful” conduct or, more broadly, client “wrongdoing.” However, Rule 1.2(d), […]