Articles Tagged federal courts

Jennifer Lynch, The Eleventh Amendment and Federal Discovery: A New Threat to Civil Rights Litigation

62 Fla. L. Rev. 203 (2010) |   |   |   | ABSTRACT :: Lawyers for the State of California have argued recently in several federal civil rights cases that the state sovereign immunity doctrine bars all discovery issued to the state, its agencies, and its employees. While courts agree that sovereign immunity generally […]

Stephanie L. Varela, Damned If You Do, Doomed If You Don't: Patenting Legal Methods and its Effect on Lawyers' Professional Responsibilities

60 Fla. L. Rev. 1145 (2008) | | | | INTRODUCTION :: Imagine, before advising each client, having to confer with the U.S. Patent and Trademark Office (USPTO) to determine whether another lawyer already owns a patent to the legal strategy you wish to propose. Imagine having to pay someone so your client can follow […]

Matthew J. Richardson, Clarifying and Limiting Fraudulent Joinder

58 Fla. L. Rev. 119 (2006) | | | | INTRODUCTION :: Defendants in state court may properly remove civil actions to federal court on the basis of diversity jurisdiction. However, before the defendants remove the action, plaintiffs may have already attempted to defeat diversity jurisdiction by having joined a local or nondiverse defendant who […]

William N. Eskridge, Jr, Dunwody Distinguised Lecture in Law: Body Politics: Lawrence v. Texas and the Constitution of Disgust and Contagion

57 Fla. L. Rev. 1011 (2005) | | | | TEXT :: The Supreme Court ruled in Lawrence v. Texas that states could not constitutionally criminalize private oral or anal sex between consenting adults. How far does the decision sweep? Is it limited to its facts, with no broader implications for constitutional law, as the […]