Category Archives: Jurisprudence

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 , , , , , , , , , , | 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 , , , , , , , , , , , | Comments Off

Lawrence A. Cunningham, Traditional Versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions

62 Fla. L. Rev. 667 (2010) | | | | CASE COMMENT ::This Article contributes a new approach and evidence to the longstanding debate concerning the relative merits of traditional legal analysis compared to contemporary economic analysis of law. Proponents … Continue reading

Posted in Constitutional Law, Healthcare Law, Jurisprudence, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , | Comments Off

David A. Karp, Why Justice Thomas Should Speak at Oral Argument

61 Fla. L. Rev. 611 (2009) | | | | INTRODUCTION :: The oral argument before the United States Supreme Court in Morse v. Frederick began at 10:03 a.m. in typical fashion, like a high-speed game of chess. Forty-two seconds … Continue reading

Posted in First Amendment, Governments and Legislation, Judicial Systems, Jurisprudence, Uncategorized | Tagged , , , , , , , , , , , , , , , , , | Comments Off

Akhil Reed Amar, Bush, Gore, Florida, and the Constitution

61 Fla. L. Rev. 945 (2009) | | | | INTRODUCTION :: Ten years ago this week, Dunwody Lecturer Cass Sunstein stood at this podium and offered some thoughts about the then-recent impeachment of President Clinton. Professor Sunstein titled his … Continue reading

Posted in Constitutional Law, Election Law, Florida Constitutional Law, Governments and Legislation, Jurisprudence, Uncategorized | Tagged , , , , , , | Comments Off

Erwin Chemerinsky, The Meaning of Bush v. Gore: Thoughts on Professor Amar’s Analysis

| | | | INTRODUCTION :: It is tempting to blame the United States Supreme Court’s decision in Bush v. Gore for the evils the Bush Administration inflicted on the nation. If only Al Gore had become president, there would … Continue reading

Posted in Civil Procedure, Constitutional Law, Election Law, Florida Constitutional Law, Jurisprudence, Uncategorized | Tagged , , , , , , , , , , , , , , , | Comments Off