July 2015, Vol. 67, No. 4
Dru D. Stevenson & Nicholas J. Wagoner, Bargaining in the Shadow of Big Data
Marla Spector Bowman, Docs v. Glocks: Doctors, Guns, Discrimination, and Privacy – Is Anyone Winning?
Cole Barnett & Chris Weeg, Intervention in the Tax Court and the Appellate Review of Tax Court Procedural Decisions
Category Archives: Governments and Legislation
William C. Matthews, Aventura Management, LLC v. Spiaggia Ocean Condominium Association: Condominium Associations Beware
In late January 2013, the Third District Court of Appeal sent shockwaves throughout the real estate community with regards to condominium associations’ rights as unit owners. In AventuraManagement, LLC v. Spiaggia Ocean Condominium Association1 (Spiaggia), the appellate court interpreted Florida … Continue reading
Karl Gruss, Freedom of Information Act and Federal Licensing Procedures: Invoking Exemption 7(F) to Protect Examination Materials
The United States Supreme Court’s 2011 decision in Milner v. Department of the Navy shut the door on an expansive interpretation of one of the nine enumerated exemptions to the public disclosure requirements mandated under the Freedom of Information Act. … Continue reading
Ellen English, “Camels Agree with your Throat” and Other Lies: Why Graphic Warnings are Necessary to Prevent Consumer Deception
The government’s latest attempt to protect consumers from the perils of tobacco use is in jeopardy. In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which requires cigarette advertisements and packages to bear nine new textual health warnings and gives the … Continue reading
Robert J. Pushaw, Jr., The Paradox of the Obamacare Decision: How Can the Federal Government have Limited Unlimited Power?
National Federation of Independent Business v. Sebelius, the Supreme Court’s decision upholding the landmark Patient Protection and Affordable Care Act (ACA or “Obamacare”), sets forth the most important judicial examination of constitutional power since the New Deal era. The political and media frenzy over … Continue reading
This Article explains and defends a “second-best” theory of pardons. Pardons are second-best in two ways. First, pardons are second-best because they represent, in part, a response to a failure of justice: the person convicted was not actually guilty, or he or she … Continue reading
Amy Widman, The Rostrum Principle: Why the Boundaries of the Public Forum Matter to Statutory Interpretation
There is a section of dicta in the recent Supreme Court decision on health care reform that might portend new ground, although not in Commerce Clause jurisprudence. Rather, in his dissent, Justice Antonin Scalia did a curious thing for those … Continue reading