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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: Tort Law
John C. Jeffries Jr., What’s Wrong with Qualified Immunity
62 Fla. L. Rev. 851 (2010) | | | | INTRODUCTION :: Qualified immunity protects government officers from damages liability for violating constitutional rights. It does not constrain injunctions, exclusion of evidence, or the defensive assertion of rights in government … Continue reading
Posted in Civil Procedure, Constitutional Law, Tort Law
Tagged 1983, 42 U.S.C., Bivens, clearly established rights, constitutional rights, damages liability, Federal Bureau of Narcotics, good-faith belief, Government Officers, Jeffries, legality of conduct, objective requirement, pre-trial motions, Qualified Immunity, reasonable grounds, subjective branch, Supreme Court
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Steven Hetcher, The Kids Are Alright: Applying a Fault Liability Standard to Amateur Digital Remix
62 Fla. L. Rev. 1275 (2010) | | | | INTRODUCTION :: The term “remix” is used mainly in a digital context, although there is nothing inherently digital about remix. For instance, fan fiction, a widely discussed form of remix, … Continue reading
Posted in Communications Law, Computer & Internet Law, Copyright Law, Property Law, Tort Law, Uncategorized
Tagged Amateur Digital Remix, blending of genres, convergence culture, creation of culture, cultural phenomenon, democratic participation, digital revolution, digital tools, fan fiction, Hetcher, music, non-digital incubation period, photos, text, The Kids Are Alright, video
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Benjamin J. Steinberg, Discounted Medical Bills and Conflicting Applications of Florida Statutes §768.76 as A Rule of Evidence
62 Fla. L. Rev. 1431 (2010) | | | | INTRODUCTION :: Marcie was a loving mother and a hard worker. But all of this was stripped away in an instant. Marcie lost both her daughter and her ability to … Continue reading
Posted in Computer & Internet Law, Criminal Law, Evidence, Internet Law, Media Law, Tort Law, Uncategorized
Tagged 768.76, collateral sources, Conflicting Applications, contributions, damage award, damages, Discount, double recovery, e-mail list manager, Elevator Corp., Evidence, excess recovery, Florida Statutes, Fourth District Court of Appeals, Frohman, future medical care, Goble, health insurance coverage, information, job loss, jury, Lasky, lifetime of medical care, loving Mother, Marcie, Medical Bills, negligent driver, operations, past benefits, penalties, reasonable value of care, resulting injuries, retail costs, rule of evidence, rule of law, set off, several surgeries, split in authority, Steinberg, Thyssenkrup, tort case, West Palm Beach
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Andrew S. Brown, Breaking Up and Making Out (Rich): Recommendations for Revision of the Bankruptcy Code Provisions Governing Break-Up Fees Used by Stalking Horse Bidders in § 363 Bankruptcy Asset Sales
62 Fla. L. Rev. 1463 (2010) | | | | INTRODUCTION :: Since December 2007, the United States has suffered through a “Great Recession.” The stock market had plummeted more than 40% from its peak as investors pulled their money … Continue reading
Posted in Bankruptcy, Business & Corporate Law, Governments and Legislation, Tort Law
Tagged 11 U.S.C., 363, Bankruptcy Asset Sales, break-up fee, Breaking UP, Brown, economic crisis, Making out Rich, Revision, sale of companies
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David G. Owen, Bending Nature, Bending Law
62 Fla. L. Rev. 569 (2010) | | | | INTRODUCTION :: Human relationships with one another are extraordinarily complex, yet that complexity pales in comparison to their relationships with nature. Carbon, air, water, sunlight, and various organic nutrients provide … Continue reading
Posted in Civil Procedure, Governments and Legislation, Tort Law
Tagged Bending Law, Bending Nature, changing nature, excessive responsibilty, fault, harmful consequences, Owen, priciples of forseeability, private law, science and technology
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Heather Howdeshell, Didn’t my General Contractor Pay You? Subcontractor Construction Liens in Residential Construction Projects
61 Fla. L. Rev. 151 (2009) | | | | INTRODUCTION :: During the past eight years, the housing market boom carried the United States economy out of the 2000 recession. Due in part to low interest rates for mortgages … Continue reading