Articles Tagged Discovery

Nathan A. Frazier, Amending for Justice's Sake: Codified Disclosure Rule Needed to Provide Guidance to Prosecutor's Duty to Disclose

63 Fla. L. Rev. 771 (2011)| | | | ABSTRACT :: “I wouldn’t wish what I am going through on anyone,” Senator Ted Stevens commented after losing his seat in the United States Senate on November 18, 2008. Senator Stevens lost the race largely because a criminal conviction damaged his reputation. After Senator Stevens endured […]

Andrew Blair-Stanek, Twombly is the Logical Extension of the Mathew v. Eldridge Test for Discovery

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 to dismiss in favor of an amorphous “plausibility” standard. This Article argues that […]

Lisa Eichhorn, Sense of Disentitlement: Frame-Shifting and Metaphor in Ashcroft v. Iqbal

62 Fla. L. Rev. 951 (2010) | | | | INTRODUCTION :: Judicial opinions analyzing civil procedure issues are unlikely sources of rich imagery. Recent legal scholarship on metaphor has focused on sexier areas of the law, such as constitutional interpretation or the regulation of new technologies. Nevertheless, beneath the superficially arid terrain of civil […]

Charles Short, Guilt by Machine: The Problem of Source Code Discovery in Florida DUI Prosecutions

61 Fla. L. Rev. 177 (2009) | | | | ABSTRACT :: Breath testing results stand at the core of most driving under the influence (DUI) prosecutions. Florida law provides that an individual is guilty of driving under the influence when he drives, or is in actual physical control of a vehicle, while under the […]