Category Archives: Uncategorized

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

Posted in Uncategorized | Comments Off

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

Posted in Uncategorized | Comments Off

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

Posted in Civil Procedure, Computer & Internet Law, Uncategorized | Comments Off

Lisa Heinzerling, Introduction: Climate Change at EPA

64 Fla. L. Rev. 1 (2012)| With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring … Continue reading

Posted in Environmental Law, Government Contracts, Governments and Legislation, Uncategorized | Comments Off

Jordan E. Pratt, An Open and Shut Case: Why (and How) The Eleventh Circuit Should Restrain the Government’s Forum Closure Power

63 Fla. L. Rev. 1487 (2011)| | | |||| The Supreme Court has made it clear that when the government opens a nontraditional public forum, it retains the power to shut down the forum subsequently. But the Court has not … Continue reading

Posted in Civil Procedure, Civil Rights Law, Constitutional Law, First Amendment, Governments and Legislation, Jurisprudence, Uncategorized | Comments Off

Courtney Gaughan, Some More Watters, Please: The Dodd-Frank Act’s New Preemption Standards Lighten Consumers’ Wallets

63 Fla. L. Rev. 1459 (2011)| | | | The Dodd-Frank Wall Street Reform and Consumer Protection Act precipitates innumerable changes that will both directly and indirectly shape the future of the financial industry. This Note addresses two important subsets … Continue reading

Posted in Commercial Law, Governments and Legislation, Jurisprudence, Trade Law, Uncategorized | Comments Off