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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: Jurisprudence
Stewart E. Sterk and Kimberly J. Brunelle, Zoning Finality: Reconceptualizing Res Judicata Doctrine in Land Use Cases
63 Fla. L. Rev. 1139 (2011)| | | ARTICLE :: Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as … Continue reading
Posted in Civil Procedure, Environmental Law, Judicial Systems, Jurisprudence, Liability Law, Uncategorized
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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
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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
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Andrew Blair-Stanek, Twombly is the Logical Extension of the Mathew v. Eldridge Test for Discovery
62 Fla. L. Rev. 1 (2010) | | | | ABSTRACT :: The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for … Continue reading
Posted in Attorney Practice, Civil Procedure, Jurisprudence, Uncategorized
Tagged attorney practice, Bell Atlantic, Civil Procedure, Complaint, Discovery, Eldridge, Jurisprudence, Matthews, Motion to Dismiss, Stanek, Twombly
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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
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