Category Archives: Tort Law

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 … Continue reading

Posted in Economics, Liability Law, Property Law, Tort Law, 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

Posted in Civil Procedure, Constitutional Law, Governments and Legislation, Judicial Systems, Jurisprudence, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , | Comments Off

Peter Nicolas, The Lavender Letter: Applying the Law of Adultery to Same Sex Couples and Same Sex Couples

63 Fla. L. Rev. 97 (2011)| | | | INTRODUCTION :: In the political and legal debate over same-sex marriage, references to the rights (or benefits or privileges) and responsibilities (or burdens or obligations) associated with marriage constitute a key … Continue reading

Posted in Criminal Law, Criminal Procedure, Family Law, Governments and Legislation, Tort Law, Uncategorized | Tagged , , , , , , , , , , , | Comments Off

Sung Hui Kim, Naked Self-Interest? Why the Legal Profession Resists Gatekeeping

63 Fla. L. Rev. 129 (2011)| | | | ABSTRACT :: This Article asks and answers the following question: why does the legal profession resist gatekeeping? Or, put another way, why do lawyers resist duties that require them to act … Continue reading

Posted in Attorney Practice, Evidence, Governments and Legislation, Securities Law, Tort Law, Uncategorized | Tagged , , , , , | Comments Off

Susan D. Carle, A Social Movement History of Title VII Disparate Impact Analysis

63 Fla. L. Rev. 251 (2011)| | | | ABSTRACT :: This Article examines the history of Title VII disparate impact law in light of the policy and potential constitutional questions the Court’s recent decision in Ricci v. DeStefano raises. … Continue reading

Posted in Discrimination Law, Employment Law, Labor & Employment Law, Tort Law, Uncategorized | Tagged , , , , , , , , | Comments Off

Andrea M. Matwyshyn, Hidden Engines of Destruction: The Reasonable Expectation of Code Safety and the Duty to Warn in Digital Products

62 Fla. L. Rev. 109 (2010) |   |   |   | INTRODUCTION :: This Article explores a seemingly straightforward question: to what extent is a consumer entitled to know how digital products work and the likelihood of digital … Continue reading

Posted in Computer & Internet Law, Contract Law, First Amendment, Internet Law, Tort Law, Uncategorized | Tagged , , , , , , , , , , | Comments Off