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 enforcement proceedings. Nor does it apply to all damage actions. Officers performing legislative, judicial, and […]

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, has developed into an important cultural phenomenon in the past forty years, clearly exhibiting a […]

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 work after being struck while walking home from school by a negligent driver. The resulting […]

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 from investments seeking safety under their mattresses. Companies and individuals have struggled as bankruptcy filings […]

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 us with the essential stuff of life. Yet lightning, floods, volcanoes, earthquakes, tornadoes, tigers, viruses, […]

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 and home-equity loans, Americans have constructed millions of custom-built homes and renovated their current homes […]