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Andrew Jay McClurg, The Second Amendment Right To Be Negligent

68 Fla. L. Rev. 1 Abstract Only two constitutional rights—the First and Second Amendments—have a realistic capacity, through judicial interpretation or legislative action or inaction, to confer a “right to be negligent” on private citizens; that is, a right to engage in objectively unreasonable risk-creating conduct without legal consequences. In the First Amendment context, for […]

Pierce Giboney, Don't Ground Me Bro! Private Ownership of Airspace and How It Invalidates the FAA's Blanket Prohibition On Low Altitude Commercial Drone Operations

Abstract In years past, society has typically associated the word “drone” with the War on Terror and far-off battlefields. With the advent of the smart phone revolution, however, the once prohibitive costs of the technology have decreased to a level the general public can afford. As a consequence, a rising number of entrepreneurs associate the […]

S. Megan Testerman, A World Wide Web of Unwanted Children: The Practice, the Problem, and the Solution to Private Re-Homing

Abstract A deplorable practice has emerged in the world of adoption. Adoptive families are now using the Internet to give their unwanted adopted children over to complete strangers, some of whom are traffickers, pedophiles, child pornographers, or worse. This practice is known as private rehoming. Through the use of online message boards and a simple […]

R. George Wright, Content-Neutral and Content-Based Regulations of Speech: A Distinction That Is No Longer Worth the Fuss

Introduction The binary distinction between content-neutral and content-based speech regulations is of central importance in First Amendment doctrine. This distinction has been the subject of U.S. Supreme Court attention on several occasions.  As the case law has evolved, however, this apparently crucial distinction has become less clear, coherent, and practical, such that further attempts to […]

Sandra F. Sperino, Retaliation and the Reasonable Person

Abstract When a worker complains about discrimination, federal law is supposed to protect that worker from later retaliation. Recent scholarly attention focuses on how courts limit retaliation claims by narrowly framing the causation inquiry. A larger threat to retaliation law is developing in the lower courts. Courts are declaring a wide swath of conduct as […]

W. Keith Robinson, Economic Theory, Divided Infringement, and Enforcing Interactive Patents

Abstract High tech companies—especially in the emerging areas of the Internet of Things, wearable devices, and personalized medicine—have found it difficult to enforce their patents on interactive technologies. Enforcement is especially difficult when multiple parties combine to perform all of the steps of a claimed method, which is referred to as joint or divided infringement. […]