-
Stay Connected:
Sign up for the Florida Law Review Mailing List
eReader Ready:
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: Judicial Systems
Jonathan Witmer-Rich, Interrogation and the Roberts Court
63 Fla. L. Rev. 1189 (2011)| | | ARTICLE :: Through 2010, the Roberts Court decided five cases involving the rules for police interrogation under the Fifth and Sixth Amendments: Kansas v. Ventris; Montejo v. Louisiana; Florida v. Powell; Maryland … Continue reading
Posted in Attorney Practice, Constitutional Law, Criminal Law, Criminal Procedure, Federal Courts, Judicial Systems, Jurisprudence, Uncategorized
Comments Off
Nelson Lund, Two Faces of Judicial Restraint (Or Are There More?) in McDonald v. City of Chicago
63 Fla. L. Rev. 487 (2011)| | | | INTRODUCTION :: Since the days of the Warren Court, conservatives have attacked “judicial activism.” Beginning with Judge Robert Bork’s Supreme Court nomination hearings, and lately with increasing frequency, liberals have sought … Continue reading
Posted in Attorney Practice, Constitutional Law, Governments and Legislation, Judicial Systems, Jurisprudence, Uncategorized
Tagged appointment, article 3 judges, conservative, constitutional law, decisionmaking, different outlook, each model, Faces of Judicial Restraint, Judges, judicial politics, judicial silence, Lund, McDonald v. City of Chichago, model, nomination, opinions, political appointment, Politics, statements, understanding of law, wing
Comments Off
Kevin M. Clermont, Sequencing the Issues for Judicial Decisionmaking: Limitations from Jurisdictional Primacy and Intrasuit Preclusion
63 Fla. L. Rev. 301 (2011)| | | | ABSTRACT :: This Article treats the order of decision on multiple issues in a single case. That order can be very important, with a lot at stake for the court, society, and … Continue reading
Posted in Attorney Practice, Civil Procedure, Judicial Systems, Uncategorized
Tagged Article 3, Article III, Civil Procedure, Clermont, common issues, damages, Intrasuit Preclusion, Judicial Decisionmaking, jurisdiction, jurisdictional defenese, Jurisdictional Primacy, order, order of decision, Sequencing, steel Co.-Ruhrgas, Subject Matter Jurisdiction
Comments Off
Gregory C. Sisk, Lifting the Blindfold From Lady Justice: Allowing Judges to See the Structure in the Judicial Code
62 Fla. L. Rev. 457 (2010) | | | | ABSTRACT :: Two centuries ago, Chief Justice John Marshall wrote that “[w]here the mind labours to discover the design of the legislature, it seizes everything from which … Continue reading
Posted in Civil Procedure, Judicial Systems, Jurisprudence, Uncategorized
Tagged Chief Justice John Marshall, federal judiciary, Judicial Code, Judicial Intrepreation, Judicial Systems, Lady Justice, Lady Justicia, legislative construction, legislatively-imposed blindness, Sisk, Title 28, transparency to intrepretation
Comments Off
Dhammika Dharmapala, Nuno Garoupa & Joanna M. Shepherd, Legislatures, Judges, and Parole Boards: The Allocation of Discretion Under Determinate Sentencing
62 Fla. L. Rev. 1037 (2010) | | | | INTRODUCTION :: Criminal sentencing in the United States has undergone sweeping changes in recent decades. The most significant development in sentencing has been the reallocation of power away from judges … Continue reading
Posted in Criminal Law, Criminal Procedure, Judicial Systems, Uncategorized
Tagged Blakely, Booker, Criminal Sentencing, Determinate Sentencing, Dharmapala, Discretion, discretionary parole, District of Columbia, Dramatic Changes, Garoupa, Judges, Legislatures, Parole Boards, Sandra Day O'Connor, sentencing guidelines, Shepard, truth-in-sentencing laws
Comments Off