Articles Tagged litigation

David A. Karp, Why Justice Thomas Should Speak at Oral Argument

61 Fla. L. Rev. 611 (2009) | | | | INTRODUCTION :: The oral argument before the United States Supreme Court in Morse v. Frederick began at 10:03 a.m. in typical fashion, like a high-speed game of chess. Forty-two seconds into the argument, Justice Anthony Kennedy cut off the advocate in mid-sentence. For the next […]

Richard M. Hynes, Broke but not Bankrupt: Consumer Debt Collection in State Courts

60 Fla. L. Rev. 1 (2008) | | | | INTRODUCTION :: Virginia, with a population of about seven million, has averaged more than a million civil filings a year since the late 1980s. The overwhelming majority of these filings seek to collect debts from consumers, and most judgments go unpaid. Despite this apparent insolvency, […]

Adam C. Losey, Clicking Away Confidentiality: Workplace Waiver of Attorney-Client Privilege

60 Fla. L. Rev. 1179 (2008) | | | | INTRODUCTION :: Barbara Hall, an administrative assistant, often arrives at work an hour and a half early solely to check her personal e-mails on her employer’s computer. Afterwards, “[i]n the grand tradition of Chekhov, or perhaps ‘Days of Our Lives,’ Barbara Hall carries on a […]

Carole J. Buckner, Due Process in Class Arbitration

58 Fla. L. Rev. 185 (2006) | | | | INTRODUCTION :: The ubiquity of arbitration clauses in consumer and employment agreements and the Supreme Court’s plurality opinion in Green Tree Financial Corp. v. Bazzle, which implicitly permitted class arbitration, marked the beginning of a new era in class arbitration. Although it is well-established that […]