Tort Law

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 […]

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 heart disease does not mean the condition will develop. To address the potential use of […]

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 compartment of his truck. Astonishingly, this took place merely one year after Harbour was convicted […]

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 to Marty’s death, Bruce included the following account in a Jews for Jesus newsletter: I […]

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 dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued […]

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 in favor of a broader “common nucleus of operative fact” standard. In subsequent cases, the […]