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 that straddles the property line between the four lots, allowing vehicular and pedestrian ingress and […]

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, shot the robbers before any hostage was injured. In New York City, a fifty-six year-old […]

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 Hurricane Katrina. Having scattered like leaves before the gale-force winds that pounded the Gulf Coast, […]

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 already attempted to defeat diversity jurisdiction by having joined a local or nondiverse defendant who […]

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 the Cuban government was stolen from a Havana airfield and flown to Key West, Florida, […]

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 a volunteer firefighter. Respondent pleaded guilty in federal court to five counts of church arson […]