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Current Issue
Apr. 2012, Vol. 64, No. 2
Articles
Charles W. Rhodes, Nineteenth Century Personal Jurisdiction Doctrine in a Twenty-First Century World
Essay
Rebecca E. Zietlow, Popular Originalism: The Tea Party and Constitutional Theory
Note
Category Archives: Transportation Law
William Smith, Florida Premises Liability on Easements of Way: Liability for Injuries to Third Parties
62 Fla. L. Rev. 829 (2010) | | | | CASE COMMENT ::Imagine for a moment that you are the proud homeowner of a single-family home in Florida. Now imagine that you and three neighboring homeowners share a private driveway … Continue reading
Dayna B. Royal, Take Your Gun to Work and Leave It in The Parking Lot: Why The OSH Act Does Not Preempt State Guns-At-Work Laws
61 Fla. L. Rev. 475 (2009) | | | | INTRODUCTION :: Two robbers entered an Alabama restaurant and forced customers and employees into a walk-in refrigerator at gunpoint. Fortunately, one of the customers, legally armed with his own pistol, … Continue reading
Posted in Civil Rights Law, Constitutional Law, Employment Law, Governments and Legislation, Labor & Employment Law, Property Law, Transportation Law, Uncategorized
Tagged conflict of laws, employee protection, employment law, Gun Laws, Henderson, immediate access to guns, Osh Act, preemption, Royal, Second Amendment, supervision
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Sandra Zellmer, A Tale of Two Imperiled Rivers: Reflections from a Post-Katrina World
59 Fla. L. Rev. 599 (2007) | | | | INTRODUCTION :: Let the river run; let all the dreamers wake the nation. Last year, hundreds of thousands of residents of the lower Mississippi River basin were forced to flee … Continue reading
Posted in Environmental Law, Governments and Legislation, Transportation Law, Uncategorized
Tagged Bayous, Burton, Cba, cost-benefit analysis, decisionmaking, federalism, floodwalls, Gulf Coast, Imperiled Rivers, intergenerational equity, Interior Rivers Ecosystem Act, Interjurisdictional waters, Katrina, New Orleans, transbound
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Matthew J. Richardson, Clarifying and Limiting Fraudulent Joinder
58 Fla. L. Rev. 119 (2006) | | | | INTRODUCTION :: Defendants in state court may properly remove civil actions to federal court on the basis of diversity jurisdiction. However, before the defendants remove the action, plaintiffs may have … Continue reading
Posted in Civil Procedure, Tort Law, Transportation Law, Uncategorized
Tagged 12(b)(6), defeating diversity, district court, diverse parties, federaism, federal appellate courts, federal courts, federal rules of civil procedure, fraudulent joinder, judicial economy, no real connection, nondiverse, nondiverse parties, removal, Richardson, separation of powers, state court
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Diane Lourdes Dick, The Case of the Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions in Federal Statutes and International Treaties?
57 Fla. L. Rev. 91 (2005) | | | | INTRODUCTION :: “This little yellow Cuban biplane opened a diplomatic Pandora’s box when it touched down at the Key West airport.” In November 2002, an Antonov Colt biplane owned by … Continue reading
Posted in International Law, Transportation Law, Uncategorized
Tagged 2001, Air Piracy, American Airlines, Antiterrorism and Effective Death Penalty Act, Antonov Colt, case of the biplane, civil aviation, Conflict of Law, conflicting provisions, conflicts of law, cuba, Cuban Defectors, Dick, entitled to possession, federal statutes, Florida Keys, Foreign Soverign Immunities Act, FSIA, Hague Convention, interest analysis, international treaties, intrajurisdictional conflicts, Juan Pablo Roque, Little Yellow Cuban Biplane, Martinez, September 11, sexual batery, Supression of Unlawful siezure of Aircraft, Terrorism Risk Insurance Act, treaty, United States
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Cary B. Davis, The Commerce Clause: Border Crossing + Church Burning = Interstate Commerce (A Formula for Federalizing Common Law State Crimes)
57 Fla. L. Rev. 975 (2005) | | | | TEXT :: Respondent, a practicing Luciferian from Indiana, drove his van south to Georgia where he set fire to five churches. One of the arsons resulted in the death of … Continue reading
Posted in Constitutional Law, Judicial Systems, Transportation Law, Uncategorized
Tagged Border Crossing, CAPA, church arson prevention act, Church Burning, Commerce Clause, common law state crimes, Davis, federalism, federalization, GFSZA, Gun-Free School Zones Act, Highways, instrumentalities prongs, interstate Commerce, Lopez, nexus, noneconomic, state power, substantial effect, United States v. Jones, United States v. Lopez, United States v. morrison, Violence agianst Women Act
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