Judge Robert J. Luck Confirmed to Eleventh Circuit
Congratulations to former Florida Law Review Editor-in-Chief Judge Robert J. Luck, who was confirmed on November 19, 2019 by the U.S. Senate for a lifetime appointment to the U.S. Court of Appeals for the Eleventh Circuit. Judge Luck received his J.D. from UF Law in 2004. The Review is proud to recognize such an accomplished […]
Save the Date: 2019 Allen L. Poucher Lecture
The 2019 Allen L. Poucher Lecture will take place on Thursday, November 14, 2019 at 5:30 PM. Please contact the Executive Symposium Editors John Hood (jhood@floridalawreview.com) and Matt Deegan (mdeegan@floridalawreview.com) with any questions.
Farewell from Danielle N. Scheer, 2018-2019 Editor in Chief
Dear Florida Law Review Alumni, It is hard to believe that the year is over, and what a year it has been. Over the past months, the Review welcomed speakers from around the country for our Poucher and Dunwody lectures, sent members to Israel to represent UF as part of a Law Review Editors Delegation, […]
Fla. L. Rev. Kickball Victory
On Saturday, April 6, 2019 members of the Florida Law Review participated in the annual kickball game against the Florida Moot Court Team. The Reviewers won the hard-fought victory 9-5 to take home the Lexis Cup once again! Congratulations kickballers!
Editor Spotlight: Megan Chung (2L)
Florida Law Review is proud to recognize 2L member Megan Chung on her hard work and accomplishments at the Fifth Annual Global Antitrust Institute Invitational, held February 16–17, 2019, at the United States Court of Appeals for the District of Columbia. Megan and her teammate Jesse Krehl (2L) came in second place overall in the […]
Fla. L. Rev. Forum
Michael Vitiello Reflections on Hoffheimer’s The Stealth Revolution in Personal Jurisdiction Response to Michael H. Hoffheimer, The Stealth Revolution in Personal Jurisdiction The Supreme Court did not grant review in a case involving personal jurisdiction between 1990 and 2010 at a time when our world flattened. Since then, the Court has decided six cases. In each, […]
Fla. L. Rev. Forum
Patrick J. Borchers The Muddy-Booted, Disingenuous Revolution in Personal Jurisdiction Response to Michael H. Hoffheimer, The Stealth Revolution in Personal Jurisdiction When the editors of the Florida Law Review offered me the opportunity to comment on Professor Michael Hoffheimer’s wonderfully insightful article, I almost declined. The reason is that I agree with pretty much everything of […]
Fla. L. Rev. Forum
Samuel Levine Another Look at Lawyer Discretion to Assist Clients in Unlawful Conduct Response to Paul R. Tremblay, At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct Professor Paul Tremblay’s At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, identifies and explores an apparent gap in the law governing the work of […]
Fla. L. Rev. Forum
W. Bradley Wendel Lawyers’ Constrained Fiduciary Duties: A Comment on Paul R. Tremblay, At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct Response to Paul R. Tremblay, At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct The Model Rules of Professional Conduct seem to have a blind spot. As Professor Paul Tremblay […]
Fla. L. Rev. Forum
Bruce A. Green May Lawyers Assist Clients in Some Unlawful Conduct?: A Response to Paul Tremblay Response to Paul R. Tremblay, At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct State courts regulate U.S. lawyers by adopting rules governing lawyers’ professional conduct and enforcing the rules through disciplinary processes. Since the early 20th century, the […]
Fla. L. Rev. Forum
Fatma Marouf Response to Professor Holper’s Article, Redefining “Particularly Serious Crimes” in Refugee Law Response to Mary Holper, Redefining “Particularly Serious Crimes” in Refugee Law An individual who faces a significant risk of persecution in her home country is barred from asylum in the United States if she is convicted of a “particularly serious crime” (“PSC”). Despite […]
Fla. L. Rev. Forum
Rebecca Sharpless Balancing Future Harms: The “Particularly Serious Crime” Bar to Refugee Protection Response to Mary Holper, Redefining “Particularly Serious Crimes” in Refugee Law The particularly serious crime (PSC) analysis in U.S. immigration law stands as a gatekeeper to protection from persecution abroad. Asylum applicants who meet the definition of a refugee are statutorily disqualified from […]
Fla. L. Rev. Forum
Timothy Sandefur Due Process and Agency: Compliments, Not Substitutes Response to Gary Lawson & Guy I. Seidman, By Any Other Name: Rational Basis Inquiry and the Federal Government’s Fiduciary Duty of Care In 1816, in answer to an inquiry from a lawyer, former president Thomas Jefferson wrote that the political writings of Aristotle, valuable as they may […]
Fla. L. Rev. Forum
Sotirios A. Barber Are Professors Lawson and Seidman Serious About A “Fiduciary Constitution”? Response to Gary Lawson & Guy I. Seidman, By Any Other Name: Rational Basis Inquiry and the Federal Government’s Fiduciary Duty of Care In By Any Other Name: Rational Basis Inquiry and the Federal Government’s Fiduciary Duty of Care, Professors Gary Lawson and Guy […]
Fla. L. Rev. Forum
Allison Crennen-Dunlap & César Cuauhtémoc García Hernández Pragmatics and Problems Response to Mary Holper, Redefining “Particularly Serious Crimes” in Refugee Law Born of an international commitment to avoid sending migrants to countries where they face persecution on a small set of protected bases, asylum law is one aspect of U.S. immigration law that purports to serve humanitarian […]
Fla. L. Rev. Forum
Minch Minchin The Content-Neutrality Doctrine Still Works Response to R. George Wright, Content-Neutral and Content-Based Regulations of Speech: A Distinction That Is No Longer Worth the Fuss In a recent piece in the Florida Law Review, however, Indiana University of Law Professor R. George Wright calls for a more drastic approach: that courts should completely abandon […]
Fla. L. Rev. Forum
Brannon P. Denning Is There a “Second Amendment Right to Be Negligent”? Response to Andrew Jay McClurg, The Second Amendment Right to Be Negligent Professor McClurg’s thesis is that courts and Congress have either ignored, misapplied, or overridden general tort principles of duty and proximate cause to insulate from civil liability those who negligently store firearms despite […]
Fla. L. Rev. Forum
Richard C. Ausness Gun Control Through Tort Law Response to Andrew Jay McClurg, The Second Amendment Right to Be Negligent I have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate of firearms regulation, argues that owners and […]
Fla. L. Rev. Forum
Jake Linford Private Ordering Under Threat of Regulation Response to Annemarie Bridy, Internet Payment Blockades In Internet Payment Blockades, Professor Annemarie Bridy describes how administrators in charge of IP policy have successfully pressured payment intermediaries to “voluntarily” shut off payments to websites that are loci of copyright or other intellectual property infringement. As Professor Bridy recounts, the […]
Fla. L. Rev. Forum
Stephen G. Gilles & Nelson Lund A Second Amendment Right to Be Negligent? Response to Andrew Jay McClurg, The Second Amendment Right to Be Negligent Professor Andrew Jay McClurg maintains that the Second Amendment has created a right to store firearms negligently. It is conceivable that some such thing could happen, just as the Supreme Court has […]
Fla. L. Rev. Forum
Grayson M.P. McCouch Another Perspective on Testamentary Arbitration Response to E. Gary Spitko, The Will As An Implied Unilateral Arbitration Contract The American law of succession is remarkable both for its expansive concept of testamentary freedom and for its antiquated and cumbersome probate system. In principle, a testator enjoys virtually unlimited freedom to dispose by will […]
Fla. L. Rev. Forum
Michael Kagan Shrinking the Post-Plenary Power Problem Response to Matthew J. Lindsay, Disaggregating “Immigration Law” Professor Matthew J. Lindsay’s excellent article Disaggregating “Immigration Law” arrives at a pivotal moment in the evolution of American immigration law. My understanding of this moment is thus: A majority of Supreme Court justices appear to be at least occasionally uneasy […]
Fla. L. Rev. Forum
Glenn Harlan Reynolds Permissible Negligence and Campaigns to Suppress Rights Response to Andrew Jay McClurg, The Second Amendment Right to Be Negligent Professor Andrew McClurg has written interestingly about what he calls the “Second Amendment right to be negligent,” under which, he says, gun owners, sellers, and manufacturers escape liability for guns that, through theft and […]
Fla. L. Rev. Forum
Karen E. Woody Voluntary Disclosure Fostering Overenforcement and Overcriminalization of the FCPA Response to Peter R. Reilly, Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide: Federal Transparency and Voluntary Disclosure Under the Foreign Corrupt Practices Act Professor Peter Reilly’s article challenges the notion that voluntary disclosure of potential Foreign Corrupt Practices Act (FCPA) violations to the government […]
Fla. L. Rev. Forum
David Hemenway Gun Exceptionalism Response to Andrew Jay McClurg, The Second Amendment Right to Be Negligent Gun violence is a major American public health problem. In the most recent decade for which there are good data (2005-2014), on an average day in the United States, over 290 people were shot, and more than eighty-five died. More American […]
Fla. L. Rev. Forum
Kevin R. Johnson Immigration “Disaggregation” and the Mainstreaming of Immigration Law Response to Matthew J. Lindsay, Disaggregating “Immigration Law” Professor Matthew Lindsay, in his latest article on immigration law, adds meaningfully to the existing body of scholarship. He analyzes a fundamental question that immigration law scholars have long prodded the courts to answer definitively: In a nation […]
Fla. L. Rev. Forum
Mary F. Radford Response to Professor Spitko’s The Will As An Implied Unilateral Arbitration Contract And An Alternative Approach Response to E. Gary Spitko, The Will As An Implied Unilateral Arbitration Contract I read Professor Gary Spitko’s article entitled The Will As an Implied Unilateral Arbitration Contract with great interest. Professor Spitko’s proposal to characterize a will as an […]
Fla. L. Rev. Forum
Allen Rostron Guns, Speech, and Breathing Space Response to Andrew McClurg, The Second Amendment Right to Be Negligent In The Second Amendment Right to Be Negligent, Professor Andrew McClurg astutely observes that current law provides the constitutional right to be negligent in two important realms. He first notes that the Supreme Court has construed the freedom of expression protected […]
Fla. L. Rev. Forum
David Horton The Limits of Testamentary Arbitration Response to E. Gary Spitko, The Will As An Implied Unilateral Arbitration Agreement In The Will As An Implied Unilateral Arbitration Contract, Professor E. Gary Spitko argues that there is an implied unilateral contract between the government and individual property owners. He claims that the state promises to distribute a person’s assets at […]
Fla. L. Rev. Forum
S.I. Strong International Implications of the Will As An Implied Unilateral Arbitration Contract Response to E. Gary Spitko, The Will As An Implied Unilateral Arbitration Agreement In his article, The Will As An Implied Unilateral Arbitration Contract, Professor Gary Spitko offers an intriguing and innovative argument about how arbitration provisions in wills can be enforced even […]
Fla. L. Rev. Forum
Stacey Steinberg Where Did All the Social Workers Go? The Need to Prepare Families for Adoption, Assist Post-Adoptive Families in Crisis, and End Re-Homing Response to S. Megan Testerman, A World Wide Web of Unwanted Children: The Practice, the Problem, and the Solution to Private Re-Homing S. Megan Testerman’s Note, A World Wide Web of Unwanted […]
Fla. L. Rev. Forum
Justin Sevier On Hearsay Dragon-Slaying Response to Liesa L. Richter, Posnerian Hearsay: Slaying the Discretionary Dragon Professor Liesa L. Richter evokes dragon imagery in her important debate with Judge Richard Posner over the future of Article VIII of the Federal Rules of Evidence, which governs the use of hearsay evidence at trial. In her article, titled Posnerian […]
Fla. L. Rev. Forum
David DePianto The Costs and Benefits of a Categorical Approach to Hearsay Response to Liesa L. Richter, Posnerian Hearsay: Slaying the Discretionary Dragon Recent remarks by Judge Richard Posner of the Seventh Circuit Court of Appeals have breathed new life into the old debate about hearsay. In a concurrence in United States v. Boyce Judge Posner suggests […]
Fla. L. Rev. Forum
Charles Duan Internet Freedom with Teeth Response to Sapna Kumar, Regulating Digital Trade Professor Kumar’s article identifies, at bottom, two types of errors with the Commission’s reasoning, and the important distinction between these two types of errors. First, she identifies textual or legal errors with the ITC’s analysis. But in stark contrast, the second category of errors […]
Fla. L. Rev. Forum
Andy Spalding On Maximizing Deterrence Per Dollar Response to Peter R. Reilly, Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide: Federal Transparency and Voluntary Disclosure Under the Foreign Corrupt Practices Act Professor Peter Reilly argues that the government “must provide greater transparency regarding specific and calculable benefits that can be achieved through self-reporting and cooperation” in FCPA settlements. […]
Fla. L. Rev. Forum
danah boyd Undoing the Neutrality of Big Data Response to Margaret Hu, Big Data Blacklisting The legal analysis that Margaret Hu sets forth in Big Data Blacklisting focuses on how due process—both procedural and substantive—fails to address the harms produced by big data blacklists. To make her case, she describes three types of contemporary blacklists and outlines […]
Fla. L. Rev. Forum
Joshua P. Fershee Natural Gas is Changing the Clean Energy Game, But the Game is Not Over Response to Felix Mormann, Clean Energy Federalism In his article, Clean Energy Federalism, Professor Felix Mormann analyzes the keys facets of how energy law and environmental law intersect, as he considers how to implement a program to “decarbonize America’s […]
Fla. L. Rev. Forum
Jeffrey R. Boles The Dilemma of FCPA Self-Reporting Response to Peter R. Reilly, Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide: Federal Transparency and Voluntary Disclosure Under the Foreign Corrupt Practices Act Professor Peter Reilly examines the difficult strategic decision a company faces of whether to disclose voluntarily to the government a potential violation of the […]
Fla. L. Rev. Forum
Katheryn Russell-Brown Body Cameras, Police Violence, and Racial Credibility Response to Iesha S. Nunes, “Hands up, Don’t Shoot”: Police Misconduct and the Need for Body Cameras Iesha Nunes’s thoughtful and thorough Note, “Hands Up, Don’t Shoot”: Police Misconduct and the Need for Body Cameras, asks us to consider how to address the problem of police violence […]
Fla. L. Rev. Forum
Alex B. Long Retaliation and the Unreasonable Judge Response to Sandra Sperino, Retaliation and the Reasonable Person In one sense, Sperino’s article is somewhat reassuring. But the results were also somewhat horrifying in that they laid bare the reality that too many courts seem to take a view of these matters that I would argue is […]
Fla. L. Rev. Forum
Daniel Greene The Right to “Cure” a Child’s Homosexuality?: A Constitutional Analysis of State Laws Banning Sexual Orientation Change Efforts on Minors In an effort to protect LGBT youth, in 2012 and 2013 respectively, California and New Jersey became the first two states to pass laws banning medical providers from practicing sexual orientation change efforts (SOCE) […]
Fla. L. Rev. Forum
Wentong Zheng Self-Reporting and the Uncertain Enforcement of the Foreign Corrupt Practices Act Response to Peter R. Reilly, Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide: Federal Transparency and Voluntary Disclosure Under the Foreign Corrupt Practices Act Professor Reilly’s thesis, while straightforward, is predicated on an implicit assumption that uncertainty in FCPA enforcement is undesirable. […]
Fla. L. Rev. Forum
Stephen Rose, Vivek Bhandari, and Kimberley Mullins A Response to Professor Mormann’s Clean Energy Federalism Response to Felix Mormann, Clean Energy Federalism Professor Felix Mormann’s work to differentiate clean energy federalism from environmental federalism in his paper, “Clean Energy Federalism,” is important. These two theoretical frameworks are similar, but clean energy federalism incorporates a nuanced understanding of […]
Fla. L. Rev. Forum
Hannah J. Wiseman Clean Energy Incentives: Risk, Capture, and Federalism Response to Felix Mormann, Clean Energy Federalism Professor Felix Mormann’s article Clean Energy Federalism provides a compelling framework for effectively incentivizing clean energy development in the United States and for theorizing this field. The article tackles two primary questions that arise in the incentives and innovation debate, including what […]
Fla. L. Rev. Forum
Vincent Pulignano A Known Unknown: The Call for an Article V Convention Article V of the United States Constitution seems to provide Congress and the states a straightforward way to amend the Constitution. The process of calling a convention of states under Article V, however, is uncharted territory in American history. This article will attempt […]
Fla. L. Rev. Forum
Mark Tunick Regulating Public Access to Body Camera Footage: Response to Iesha S. Nunes, “Hands Up, Don’t Shoot” Response to Iesha S. Nunes, “Hands Up, Don’t Shoot”: Police Misconduct and the Need for Body Cameras Iesha Nunes argues that police should be required to wear body cameras. Use of body cameras would provide judges or […]
Fla. L. Rev. Forum
Robert J. Rhee A Response to Professor Reilly’s Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide: What is the Role of Uncertainty in Disclosure of Non-Compliance? Response to Peter Reilly, Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide Professor Peter Reilly’s article makes a significant contribution to the literature on the Federal Corrupt Practices Act. Corrupt business […]
Fla. L. Rev. Forum
Danaya C. Wright A Response to Keith Cunningham-Parmeter Response to Keith Cunningham-Parmeter, Marriage Equality, Workplace Inequality: The Next Gay Rights Battle Professor Keith Cunningham-Parmeter’s article on the next gay rights battle tackles one of those intractable civil rights problems: Where do we go next after a victory sets the movement going in a particular direction that […]
Fla. L. Rev. Forum
Nancy E. Dowd Bridging the Work/Family Divide: Implications of a Broader Sex Discrimination Analysis for Men’s Work/Family Issues Response to Keith Cunningham-Parmeter, Marriage Equality, Workplace Inequality: The Next Gay Rights Battle Keith Cunningham-Parmeter’s analysis of the Obergefell case and its implications for the broad issues of GLBT equality offers a fascinating opportunity to explore the interplay between family […]
Fla. L. Rev. Forum
Anthony J. Palermo Doctors as Debt Collectors? Healthcare Providers and the Florida Consumer Collection Practices Act Practice Guide Beginning in the 1960s, state legislatures across the country enacted consumer protection acts that “were originally designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers from ‘unfair or deceptive acts or practices’ and are […]
Fla. L. Rev. Forum
Daniel B. Kelly Trust Term Extension: An Economic Analysis Response to Reid Kress Weisbord, Trust Term Extension To compete for trust assets following a change in the federal tax code, many states repealed or abrogated the Rule Against Perpetuities (RAP). By repealing the RAP, these states allow a settlor to create a trust that lasts forever: […]
Fla. L. Rev. Forum
John F. Preis A Further Note on Federal Causes of Action Response to Lumen Mulligan, We Should Use ‘Cause of Action’ More Carefully: A Review of John F. Preis, How the Federal Cause of Action Relates to Rights, Remedies and Jurisdiction It’s hard to disagree with someone who mostly agrees with you, but I will try my […]
Fla. L. Rev. Forum
Timothy M. Mulvaney On “Bargaining For Development” Response to Sean Nolon, Bargaining for Development Post-Koontz In his recent article, Bargaining for Development Post-Koontz, Professor Sean Nolon builds off the pioneering work of Carol Rose, Tony Arnold, and select other property scholars to highlight the role of negotiation in land use law. This responsive essay proceeds in two […]
2015 Allen L. Poucher Lecture
“Cybersecurity and our Digital Lives: A Policy Discussion,” sponsored by the Allen L. Poucher Legal Education Series and presented by the Florida Law Review, brought together the nation’s leading experts on data security, national security, and internet policy to discuss these and other concerns surrounding cybersecurity. Watch the lecture here.
Fla. L. Rev. Forum
Bradley A. Smith Why Buckley?; Why a First Amendment? A Response to Professor Alschuler Response to Albert Alschuler, Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow Albert Alschuler’s Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow is a lengthy and thoughtful take on campaign finance regulation. In a nutshell, Professor Alschuler argues that under the precedent of Buckley v. Valeo, […]
Fla. L. Rev. Forum
Calvin H. Johnson Organizational Capital: A Comment to Professor Kahng Response to Lily Kahng, Taxation of Intellectual Capital In her article, Taxation of Intellectual Capital, Professor Lily Kahng has proposed to capitalize the costs of research and development, and worker training and amortize those costs over a tax life, provisionally set at five years. She would capitalize […]
Fla. L. Rev. Forum
Michael Risch Nothing is Patentable Response to Jeffrey Lefstin, Inventive Application: A History It is a bedrock principle of patent law that abstract ideas and natural phenomena are not patentable. This idea is hardly controversial, because purely abstract and natural discoveries will not satisfy one of the explicit categories of patentable inventions: machines, methods, compositions of […]
Fla. L. Rev. Forum
Lumen N. Mulligan We Should Use ‘Cause of Action’ More Carefully: A Review of John F. Preis, ‘How Federal Causes of Action Relate to Rights, Remedies and Jurisdiction’ Response to John F. Preis, How Federal Causes of Action Relate to Rights, Remedies and Jurisdiction If you are a litigator or a scholar of American civil litigation, I […]
Fla. L. Rev. Forum
Laurie R. Blank In Response to Professor Oren Gross’ ‘The New Way of War: Is There a Duty to Use Drones? Response to Oren Gross, The New Way of War: Is There a Duty to Use Drones? For the past decade, drones—the remotely piloted aircraft the United States has used to launch missiles in conflicts and […]
Fla. L. Rev. Forum
Teresa Drake A Response to Aubrey Burris’s ‘Hell Hath No Fury Like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute’ Response to Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute In her thoughtful note, Aubrey Burris notes […]
Fla. L. Rev. Forum
Robert W. Gomulkiewicz In the Stewardship of Business Model Innovation Response to Xuan-Thao Nguyen, In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law Patent law scholars often criticize the Federal Circuit because they think it favors patentees. The Supreme Court has reinforced this scholarly critique by taking an usually large number of […]
Fla. L. Rev. Forum
Alexander A. Boni-Saenz Baselines in Trust Term Extension Response to Reid Kress Weisbord, Trust Term Extension Professor Reid Kress Weisbord’s article insightfully identifies what may be the next battleground in the rancorous war over the Rule Against Perpetuities: trust term extension. Seeking to take advantage of the abolition of the Rule in many states, trustees of irrevocable trusts […]
Fla. L. Rev. Forum
Mark Fenster Regulating in the Post-Koontz World Response to Sean Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government Professor Nolon’s consequential focus in his article is the source of its strength, even though his predictive claims are difficult to assess because they are inherently speculative. The one thing we can know for sure is […]
Fla. L. Rev. Forum
Jeffrey Riley Potential Within the Architecture: Explaining the Debate Over the Construction of Social Media Response to Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute My intentions with this essay, which is a response to Aubrey Burris’s call for more federal oversight of […]
Fla. L. Rev. Forum
Winston P. Nagan An Essay and Comment on Oren Gross’, ‘The New Way of War: Is There a Duty to Use Drones?’ Response to Oren Gross, The New Way of War: Is There a Duty to Use Drones? Professor Oren Gross has written a remarkably strong article in defense of the use of drones in the […]
Fla. L. Rev. Forum
B.J. Jones A Response to Professor Berger’s ‘In the Name of the Child: Race, Gender, and Economics in Adoptive Couple v. Baby Girl’ Response to Bethany R. Berger, In the Name of the Child: Race, Gender, and Economics in Adoptive Couple v. Baby Girl Professor Bethany R. Berger’s recent article, In the Name of the Child: Race, Gender, and Economics in Adoptive Couple […]
Fla. L. Rev. Forum
David O. Taylor Patent Stewardship, Choice of Law, and Weighing Competing Interests Response to Xuan-Thao Nguyen, In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law Many have criticized the Federal Circuit over the years for expanding its jurisdiction or applying its own law in inappropriate circumstances. Paul Gugliuzza, for example, recently argued […]
Fla. L. Rev. Forum
Christopher Serkin The Winners and Losers in Negotiating Exactions: A Response to Sean Nolon Response to Sean Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government Land use law suffers from something of a split personality. On the one hand, zoning and land use controls represent the product of a planning process aimed […]
Fla. L. Rev. Forum
Shelley Ross Saxer To Bargain or Not to Bargain? A Response to ‘Bargaining for Development Post-Koontz’ Response to Sean F. Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government There are two major questions remaining after the U.S. Supreme Court’s 2013 decision in Koontz v. St. Johns River Water Management District: 1) whether subjecting […]
Fla. L. Rev. Forum
Robert J. Rhee A Response to Professor Rose’s ‘Shareholder Proposals in the Market for Corporate Influence’ Response to Paul Rose, Shareholder Proposals in the Market for Corporate Influence Professor Paul Rose’s Shareholder Proposals in the Market for Corporate Influence makes a significant contribution to the literature on shareholder proposals. The empirical data on shareholder voting trends from 2003 […]
The 2015 Dunwody Distinguished Lecture in Law Series
The Florida Law Review was pleased to welcome Amy Howe as the Dunwody Distinguished Lecturer in Law. If you were unable to attend the event click the link below to view her lecture. “Interpreting the Supreme Court: Finding Meaning in the Justices’ Personal Experiences.”
Fla. L. Rev. Forum
Kenneth B. Nunn Ideology, Gentile and Pretrial Attorney Speech: A Response to Professor Tarkington Response to Margaret Tarkington, Lost in the Compromise: Free Speech, Criminal Justice, and Attorney Pretrial Publicity Attorneys are officers of the court and essential to the proper functioning of the criminal justice system. In that system, they represent opposing parties with conflicting, […]
Fla. L. Rev. Forum
Cassandra Burke Robertson Low Sanctions, High Costs: The Risk to Democratic Freedom Response to Irina D. Manta, The High Cost of Low Sanctions Professor Irina Manta deftly combines insights from behavioral economics, political theory, and legal analysis in her piece The High Cost of Low Sanctions. Her central argument is that a seemingly reasonable political compromise can […]
The Dunwody Distinguished Lecture in Law Series
Please join the Florida Law Review in welcoming Amy Howe as the Dunwody Distinguished Lecturer in Law. This year’s lecture, will take place at the University of Florida Levin College of Law on Friday, March 20 at 11 a.m. in Holland Hall, Room 285. If you are unable to attend click HERE to watch the lecture live.
Fla. L. Rev. Forum
Gregory Dolin, M.D. Googling Down the Cost of Low Sanctions Response to Irina D. Manta, The High Cost of Low Sanctions When we as a society decide that a particular conduct is problematic, we are faced with a choice of how to prevent and punish such conduct. Generally speaking, the more problematic the conduct, the higher […]
Fla. L. Rev. Forum
Peter J. Henning Dealing With Corporate Misconduct Response to Lawrence A. Cunningham, Deferred Prosecutions and Corporate Governance: An Integrated Approach to Investigation and Reform The standard method, these days, to resolve a criminal investigation of a corporation, particularly those with publicly traded shares, is a deferred or non-prosecution agreement. Under such agreements, the company generally pays a […]
Fla. L. Rev. Forum
Manuel A. Utset Self-Control Engineering Response to Miriam H. Baer, Confronting the Two Faces of Corporate Fraud Professor Miriam Baer’s article, Confronting the Two Faces of Corporate Fraud, is an important contribution to the growing literature on self-control problems and criminal misconduct.1 Professor Baer is concerned with both time-consistent (TC) and time-inconsistent (TI) misconduct. One of […]
Fla. L. Rev. Forum
Larry A. DiMatteo Questioning the Ubiquitousness, But Not the Value, of Arbitration Carve-outs Response to Christopher R. Drahozal & Erin O’Hara O’Connor, Unbundling Procedure: Carve-Outs from Arbitration Clauses Christopher R. Drahozal & Erin O’Hara O’Connor’s article entitled Unbundling Procedure: Carve-Outs from Arbitration Clauses impressively describes the phenomena of carving-out and carving-in in dispute resolution clauses. My review of numerous […]
Fla. L. Rev. Forum
Jeffrey L. Harrison And Therefore . . . . : Comments on “Unbundling Procedure: Carve-Outs from Arbitration Provisions” Response to Christopher R. Drahozal & Erin O’Hara O’Connor, Unbundling Procedure: Carve-Outs from Arbitration Provisions In Unbundling Procedure: Carve-Outs from Arbitration Clauses, Christopher R. Drahozal and Erin O’Hara O’Connor offer a wealth of information about how sophisticated parties allocate […]
Fla. L. Rev. Forum
Clark D. Asay Keeping Low Sanctions Low Response to Irina D. Manta, The High Cost of Low Sanctions In her thoughtful new article, The High Cost of Low Sanctions, Professor Irina D. Manta provides a useful analysis of the (often) unanticipated negative effects that low legal sanctions can have. While the presence of low legal sanctions may […]
Fla. L. Rev. Forum
Brandon L. Garrett Rehabilitating Corporations Response to Lawrence A. Cunningham, Deferred Prosecutions and Corporate Governance: An Integrated Approach to Investigation and Reform Blockbuster corporate fines grab headlines, but corporate criminal prosecutions have rapidly evolved far beyond using monetary penalties to punish complex organizations. A central goal of federal prosecutors is to rehabilitate corporations, and not simply to […]
The Dunwody Distinguished Lecture in Law Series
Please join the Florida Law Review in welcoming Amy Howe as the Dunwody Distinguished Lecturer in Law. This year’s lecture, will take place at the University of Florida Levin College of Law on Friday, March 20 at 11 a.m. in Holland Hall, Room 285. If you are unable to attend click HERE to watch the lecture live.
Fla. L. Rev. Forum
Chad Flanders Further Reflections on the Pardoning Power: Reply to Hoskins and Drinan Response to Zachary Hoskins, Problematic Pardoning Patterns and Cara H. Drinan, Where Pardons are Concerned, Second Best Might Not Be So Bad After All: A Response to Chad Flanders First, let me express my gratitude to the incisive comments of Zach Hoskins and Cara Drinan. I […]
Fla. L. Rev. Forum
Camilla A. Hrdy & Ben Picozzi The Trespass Fallacy’s Limits-A Response to Adam Mossoff Response to Adam Mossoff, The Trespass Fallacy in Patent Law In his engaging new essay, The Trespass Fallacy in Patent Law, Professor Adam Mossoff challenges the reasoning of prominent commentators who criticize the patent system on the basis that patent claims are not […]
2014 Distinguished Dunwody Lecture in Law
Please join us for the 2014 Dunwody Distinguished Lecture in Law “Thirty-Two Years on the Federal Bench: Some Things I Have Learned” Presented by the Honorable Emmett Ripley Cox Senior United States Circuit Judge United States Court of Appeals for the Eleventh Circuit Chesterfield Smith Ceremonial Classroom Holland Hall 180 Friday, March 21, 2014 10:30 am
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 the “Second Best,” Professor Flanders asserts that pardons are “second best” in two ways. First, […]
2014 Distinguished Dunwody Lecture in Law
Please join us for the 2014 Dunwody Distinguished Lecture in Law “Thirty-Two Years on the Federal Bench: Some Things I Have Learned” Presented by the Honorable Emmett Ripley Cox Senior United States Circuit Judge United States Court of Appeals for the Eleventh Circuit Chesterfield Smith Ceremonial Classroom Holland Hall 180 Friday, March 21, 2014 10:30 am
Fla. L. Rev. Forum
Christopher B. Seaman American Innovation and the Limits of Patent Law: A Response to William Hubbard, Competitive Patent Law Response to William Hubbard, Competitive Patent Law Although it has recently come under fire from both theoretical and empirical perspectives, the promotion of innovation remains the predominant justification for U.S. patent law. In Competitive Patent Law, Professor […]
2014 Distinguished Dunwody Lecture In Law
Please join us for the 2014 Dunwody Distinguished Lecture in Law “Thirty-Two Years on the Federal Bench: Some Things I Have Learned” Presented by the Honorable Emmett Ripley Cox Senior United States Circuit Judge United States Court of Appeals for the Eleventh Circuit Chesterfield Smith Ceremonial Classroom Holland Hall 180 Friday, March 21, 2014 10:30 am
2013 Allen L. Poucher Legal Education Series
“National Security in a Changing World: From the Perspective of an Academic, a General, a Spy, and Florida Statesman” Phillips Center for the Performing Arts Friday, October 4 10:00 am – 12:00 pm Press Release View Event Poster Watch the 2013 Lecture!
2013 Distinguished Dunwody Lecture in Law
Please join us for the 2013 Dunwody Distinguished Lecture in Law Who Won the Obamacare Case (and Why Did So Many Law Professors Miss the Boat)? Presented by Randy Barnett Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center Martin H. Levin Advocacy Center Friday, March 22, 2013 10:00 am Watch The […]
2012 Allen L. Poucher Legal Education Series
“Florida’s Future: A Conversation with Florida Governors” Phillips Center for the Performing Arts Friday, October 12 10:00 am – 12:00 pm Press Release View Event Poster Submit a Question Watch the Lecture Live!
Florida Law Review Author Nancy Leong Quoted in Fourth Circuit Concurrence
Last week an article published in April Florida Law Review book, The Open Road and the Traffic Stop, by Nancy Leong, was quoted extensively in a concurrence in the Fourth Circuit’s recent opinion in United States v. Mubdi.
2012 Distinguished Dunwody Lecture in Law
Martin H. Redish Louis and Harriet Ancel Professor of Law and Public Policy Northwestern University School of Law Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative Download the Dunwody Brochure Watch Live Stream of Lecture
This Year in the Review
The Florida Law Review is pleased to announce the publication of its first alumni newsletter, A Year in Review, which can be downloaded by clicking here
New Hampshire Supreme Court cites Zoning Finality by Sterk & Brunelle
On October 12, 2011, the New Hampshire Supreme Court issued its opinion in the case of Brandt Development Co. v. City of Somersworth (2011 WL 4844422). The court quoted Stewart E. Sterk & Kimberly J. Brunelle, Zoning Finality: Reconceptualizing Res Judicata Doctrine in Land Use Cases, 64 Fla. L. Rev 1139 (2011) in support of the […]
The Inaugural Allen L. Poucher Legal Education Series
The Florida Law Review is pleased to announce the inaugural lecture of the Allen L. Poucher Legal Education Series on Monday, September 12, 2011 at 10:30am. The event will feature a conversation about Judicial Reform with the following distinguished panelists: – Former U.S. Supreme Court Justice Sandra Day O’Connor – Former ABA President Martha Barnett […]
Eugene Volokh Discusses Andrew Blair-Stanek's Article Twombly is the Logical Extension of the Mathews v. Eldridge Test to Discovery on The Volokh Conspiracy
Read Professor Volokh’s commentary on the article’s “enlightening” title at The Volokh Conspiracy. 62 Fla. L. Rev. 1 (2010) | | | | ABSTRACT :: The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for evaluating motions […]