Category Archives: Tort Law

Patricia Alten, Gina: A Genetic Information Nondiscrimination Solution in Search of a Problem

61 Fla. L. Rev. 379 (2009) | | | | ABSTRACT :: “Genetic discrimination is unfair to workers and their families. It is unjustified-among other reasons, because it involves little more than medical speculation. A genetic predisposition toward cancer or … Continue reading

Posted in Civil Rights Law, Constitutional Law, Disability Law, Discrimination Law, Employment Law, Governments and Legislation, Labor & Employment Law, Tort Law, Uncategorized | Tagged , , , , , , | Comments Off

Ryan D. Watstein, Out of Jail and Out of Luck: The Effect of Negligent Hiring Liability and the Criminal Record Revolution On an Ex-Offender’s employment prospects

61 Fla. L. Rev. 581 (2009) | | | | INTRODUCTION :: In January 1978, Ed Harbour picked up a seventeen-year-old hitchhiker on his Indiana truck-driving route. He brutally raped and beat her, leaving her near death in the sleeping … Continue reading

Posted in Employment Law, Tort Law, Uncategorized, Workers Compensation Law | Tagged , , , , , , , , , , , , , | Comments Off

Kristen Rasmussen, Shedding (False) Light: How the Florida Supreme Court’s Rejection of the Tort Falsely Implies Protection for Media Defendants: Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008)

61 Fla. L. Rev. 911 (2009) | | | | INTRODUCTION :: Edith and Marty Rapp, a Jewish Florida couple, were married until Marty’s death in 2003. Bruce Rapp, Marty’s son and Edith’s stepson, worked for Jews for Jesus. Prior … Continue reading

Posted in Constitutional Law, First Amendment, Florida Constitutional Law, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , , , , | Comments Off

Robert J. Rhee, Tort Arbitrage

60 Fla. L. Rev. 125 (2008) | | | | ABSTRACT :: The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement … Continue reading

Posted in International Law, Tort Law, Trade Law, Uncategorized | Tagged , , , , , , , , | Comments Off

C. Douglas Floyd, In Honor of Walter O. Weyrauch: Three Faces of Supplemental Jurisdiction after the Demise of United Mine Workers V. Gibbs

60 Fla. L. Rev. 277 (2008) | | | | INTRODUCTION :: In United Mine Workers v. Gibbs, the Supreme Court rejected the narrow “cause of action” test announced in Hurn v. Oursler for what was then termed pendent-claim jurisdiction … Continue reading

Posted in Civil Procedure, Constitutional Law, Tort Law, Uncategorized | Tagged , , , , , , , , , | Comments Off

F. Patrick Hubbard, In Honor of Walter O. Weyrauch: Substantive Due Process Limits on Punitive Damages Awards: “Morals Without Technique”?

60 Fla. L. Rev. 349 (2008) | | | | INTRODUCTION :: In a series of cases over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding … Continue reading

Posted in Civil Procedure, Fourth Amendment, Tort Law, Uncategorized | Tagged , , , , , , , , | Comments Off