Category Archives: Jurisprudence

Courtney Gaughan, Some More Watters, Please: The Dodd-Frank Act’s New Preemption Standards Lighten Consumers’ Wallets

63 Fla. L. Rev. 1459 (2011)| | | | The Dodd-Frank Wall Street Reform and Consumer Protection Act precipitates innumerable changes that will both directly and indirectly shape the future of the financial industry. This Note addresses two important subsets … Continue reading

Posted in Commercial Law, Governments and Legislation, Jurisprudence, Trade Law, Uncategorized | Comments Off

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 | Comments Off

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

Jim Gash, The End Of An Era: The Supreme Court (Finally) Butts Out of Punitive Damages For Good

63 Fla. L. Rev. 525 (2011)| | | | INTRODUCTION :: It is finally over. The Supreme Court’s incursion into punitive damages jurisprudence has unceremoniously ended, but not before the Court, under the guise of substantive due process, erected a … Continue reading

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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

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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

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