Category Archives: Uncategorized

Volume 66 • July 2014 • Number 4

ARTICLES Edward A. Purcell, Jr., Democracy, the Constitution, and Legal Positivism in America: Lessons from a Winding and Troubled History Rachel Arnow-Richman, Mainstreaming Employment Contract Law: The Common Law Case for Reasonable Notice of Termination  Jonathan Remy Nash, Expertise and Opinion … Continue reading

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Fla. L. Rev. Forum

Cara H. Drinan Where Pardons Are Concerned, Second Best Might Not Be So Bad After All: A Response to Chad Flanders Response to Chad Flanders, Pardons and the Theory of the “Second Best” In his article, Pardons and the Theory of … Continue reading

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Derek W. Black, Civil Rights, Charter Schools, and Lessons to be Learned

Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, … Continue reading

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Ben Trachtenberg, Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, and the Sixth Amendment Confrontation Clause

Using the example of a recent major terrorism prosecution, this Article addresses “coventurer hearsay” in the context of the ongoing Confrontation Clause debate concerning the United States Supreme Court’s decision in Crawford v. Washington. Courts have recently begun admitting hearsay … Continue reading

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Erwin Chemerinsky, The Elusive Quest for Value Neutral Judging: A Response to Redish and Arnould

In October 2012, the United States Supreme Court heard oral arguments in Fisher v. University of Texas at Austin and again faced the question of whether colleges and universities can consider race as a factor in admissions decisions to benefit … Continue reading

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Richard Esenberg, A Modest Proposal for Human Limitations on Cyberdiscovery

Many lawyers, whether by training or disposition, have come to regard discovery as a process in which no stone is to be left unturned. With the advent of electronically stored information, the stones have become too numerous to account. Discovery … Continue reading

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