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 […]