Property Law

David Markell and J.B. Ruhl, An Empirical Assessment of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?

64 Fla. L. Rev. 15 (2012)| | | With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring greenhouse gases into the regulatory fold. Certainly, as the works in this special […]

Jeffrey Manns, Building Better Bailouts: The Case for a Long-Term Investment Approach

63 Fla. L. Rev. 1349 (2011)| | | | The Article seeks to fill a crucial gap in the Dodd-Frank Wall Street Reform and Consumer Protection Act: the failure to create a framework for dealing with future financial bailouts. It argues that the federal government’s ad hoc, “break even” approach to the recent bailouts not […]

Benjamin J. Steinberg and Dwayne Antonio Robinson, Making BP's Blood Curd-Le: Duty, Economic Loss, and the Potential Cardozian Nightmare after Curd v. Mosaic Fertilizer

63 Fla. L. Rev. 1245 (2011)| | | ARTICLE :: The traditional economic loss rule precludes plaintiffs-such as those affected by the BP Deepwater Horizon oil spill-from recovering losses not resulting from damage to person or property. Most states have applied the rule to various circumstances and have carved out several exceptions over time, including […]

Frances H. Foster, Should Pets Inherit?

63 Fla. L. Rev. 801 (2011)|  | | ARTICLE :: On August 20, 2007, billionaire hotelier Leona Helmsley died, survived by her brother, four grandchildren, twelve great-grandchildren, and her beloved companion of eight years, a white Maltese dog named Trouble. One week later came news that shocked the world. Helmsley left $12 million to Trouble.