Digital Commons Network^™

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Florida State University Law Review

In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to antitrust principles and execution. …

Governing The Right To Water, Matthew P. Moschell

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Cyber Terrorism And Civil Aviation: Threats, Standards And Regulations, Dalit Ken-Dror Feldman, Emanuel Gross

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Codetermination: A Viable Strategy For The United States?, Jeremy A. Trimble

Florida State University Journal of Transnational Law & Policy

No abstract provided.

In A Broken Dream: Lessons From The Rise And Demise Of The Self-Declared Caliphate Of The Islamic State In Syria And Iraq, Tal Mimran

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Death Of The Evolving Standards Of Decency, Meghan J. Ryan

Florida State University Law Review

The Eighth Amendment Punishments Clause is in jeopardy. The con-stitutionality of punishments is usually judged according to the “evolv-ing standards of decency that mark the progress of a maturing socie-ty.” And in evaluating these standards, the Court has traditionally looked to changing societal views on punishment. This is a living con-stitution approach to interpretation, and the Eighth Amendment is the only area of law in which the Court has consistently and explicitly ap-plied such an approach. But a living constitution approach is diamet-rically opposed to the current Court’s focus on originalism. This is the first originalist Court in history, and …

Stakeholder Engagement, Brett Mcdonnell

Florida State University Law Review

No abstract provided.

Continuing Education For Directors Of Public Companies, Jennifer O'Hare

Florida State University Law Review

Directors of public companies are responsible for overseeing complex organizations in a rapidly changing business environment, but they are not required to engage in continuing education. This creates a danger that directors will not have the knowledge they need to meet the significant demands of overseeing public companies. To address this, public companies should adopt mandatory continuing education policies for their boards, and the Securities and Exchange Commission should require public companies to disclose basic information about their continuing education programs in their proxy statements. This is the first scholarly article to address the issue of mandatory continuing education for …

Clearing The Way To Renminbi Domination: Cips, Antitrust, And Currency Competition, Felix Chang

Florida State University Law Review

No abstract provided.

"Captivating" D&O Insurance: Rectifying Moral Hazard Through Captive Insurance Note, Morgan "Lea" Nobles

Florida State University Law Review

No abstract provided.

Prosecuting Excessive Pricing Of Pharmaceuticals Under Competition Law: Evolutionary Development, Frederick M. Abbott

Scholarly Publications

Prosecution of pharmaceutical companies for excessive pricing of products under competition law is now a reality. As recently as a decade ago, such prosecutions were virtually nonexistent. That situation has changed dramatically as competition authorities in Europe and South Africa have pursued a significant number of such prosecutions and have levied substantial fines against the investigated parties. While the United States has traditionally led in policing the pharmaceutical market against anticompetitive misconduct, in this specific arena it has fallen behind, principally because federal courts so far have refused to acknowledge excessive pricing as a cause of action under Section 2 …

What Torres V. Madrid Reveals About Fact Bias In Civil Rights Cases, Amanda Peters

Florida State University Law Review

No abstract provided.

Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne R. Barnes

Florida State University Law Review

No abstract provided.

Agent Correction: Chastisement, Wellness, And Personal Ethics, David Yosifson

Florida State University Law Review

No abstract provided.

Why The Actual Malice Test Should Be Eliminated, John M. Kang

Florida State University Law Review

No abstract provided.

Avoiding Scandals Through Tax Rulings Transparency, Leandra Lederman

Florida State University Law Review

In 2014, the International Consortium of Investigative Journalists broke the "LuxLeaks" scandal, revealing numerous tax rulings that the press termed "sweetheart deals" granted to multinational companies. Many countries offer tax rulings because they provide certainty to taxpayers and the government on the tax consequences of a planned transaction. Yet, secrecy that is followed by leaks and criticism is a recurring aspect of these rulings, both in the United States and Europe. LuxLeaks, which revealed secret rulings from the small European country of Luxembourg, was international headline news. It helped trigger widespread reforms. Tax authorities, including those of European countries and …

Climate Change And The Challenge To Liberalism, Jacob Eisler

Scholarly Publications

In this editorial, we consider the ways in which liberal constitutionalism is challenged by and presents challenges to the climate crisis facing the world. Over recent decades, efforts to mitigate the climate crisis have generated a new set of norms for states and non-state actors, including regulatory norms (emission standards, carbon regulations), organising principles (common but differentiated responsibility) and fundamental norms (climate justice, intergenerational rights, human rights). However, like all norms, these remain contested. Particularly in light of their global reach, their specific behavioural implications and interpretations and the related obligations to act remain debatable and the overwhelming institutionalization of …

Implied Organizations And Technological Governance, Shawn Bayern

Scholarly Publications

Common law historically adapted creatively and gracefully to the emergence of new types of organizations. Today, statutory forms of organizations predominate. But statutory organizational forms may be ill-suited to govern the novel, loosely coupled, and rapidly changing organizations that can arise through distributed technological mechanisms. This Article suggests that the common law of implied organizations can be a fertile ground for legal responses to technological organizations and indeed may be important not just for regulating such organizations but for giving them important legal capabilities.

100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott

Scholarly Publications

We have been asked to reflect on the past 100 years of international intellectual property law and to try to project forward about what changes might be necessary or desirable in the future. Only a science fiction writer would purport to have some idea about what things might look like a hundred years in the future, including from the standpoint of international intellectual property, so my remarks on that will be somewhat more proximate to the present.

Cutting Slavery From U.S. Supply Chains: How Supplementing U.S. Customs And Border Protection Withhold Release Order Procedures Will More Effectively Address Forced Labor In Supply Chains, Laura Moore

Florida State University Law Review

No abstract provided.

Direct Listings And The Weakening Of Investor Protections, Brent J. Horton

Florida State University Law Review

In 2018, the New York Stock Exchange (NYSE) amended its rules to allow a company to directly list on the Big Board without engaging in an initial public offering (IPO). This process-called a direct listingallowed a company to list its stock faster and cheaper, and, at least theoretically, at a more accurate price when compared to the traditional IPO. However, this first version of the NYSE's direct listing rule only allowed the company to list, not raise capital. This limited its usefulness to companies. In 2020, the NYSE again amended its rules, this time to allow a company to list …

The Supreme Court's Fragile Copyright Law, Stephen Yelderman

Florida State University Law Review

For a generation, copyright scholars have taken it as a given that copyright law is destined to be disrupted by technological change. The basic problem, they have explained, is that it is impossible for Congress to anticipate the ways that new technologies will affect the creation, distribution, adaptation, and consumption of creative work. While excusing Congress and the courts for copyright law's uncertainties, this view also leads to a kind of resignation. Unless we are to halt the march of technological progress, we must accept the unpredictability of copyright law as an inexorable fact of life. This Article complicates the …

The Unfulfilled Promise Of Self-Determination In Court-Connected Mediation, Peter R. Reilly

Florida State University Law Review

In the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: "Should the mediation be conducted in person, or virtually?" The answer to this question can have a profound impact on the direction and course of a mediation, including its outcome. Yet, in the context of court-connected mediation, disputing parties are not consistently provided the opportunity to give input on how such process design questions are resolved. In fact, …

Escaping State Constitutional Duty, Scott R. Bauries

Florida State University Law Review

No abstract provided.

The Hipaa Privacy Rule At Age 25: Privacy For Equitable Ai, Barbara J. Evans

Florida State University Law Review

No abstract provided.

Redeeming Spacs, Usha R. Rodrigues, Michael Stegemoller

Florida State University Law Review

Special purpose acquisition companies (SPACs) exploded in popularity in the recent past, luring both adventurous retail investors and sophisticated institutional investors. In a SPAC, a publicly traded shell corporation acquires a private target, thereby taking it public in a manner that circumvents the rigors of a traditional initial public offering (IPO). Proponents vaunt SPACs' ability to simplify the process of accessing the public markets and democratize capitalism, but in their current form, they pose risks to retail investors and to the market as a whole. Using a hand-collected dataset spanning 2010- 2021, this Article fills a gap in the literature …

Speech Contestation By Design: Democratizing Speech Governance By Ai, Niva Elkin-Koren, Mayaan Perel

Florida State University Law Review

The online elaboration of speech norms is enduring a decisive transformation, threatening the vital prospects of democratic contestation, which enable democracies to thrive. In this Article, we demonstrate how a critical space for social deliberation and negotiation of the desirable boundaries of free speech is "lost in translation" as we shift from governance by law to governance by Artificial Intelligence (Al). The configuration of AI speech filtering systems facilitates a frictionless flow of information-a signature trait of the digital economy, and of social media in particular. It is driven by a probabilistic decisionmaking process based on formal definitions and optimization …

Navigating The "Wild West" Of Cryptocurrency: Creating A Clear Path Towards Regulation, Sidney Edgar

Florida State University Law Review

No abstract provided.

Bracing Scarcity: Can Nfts Save Digital Art?, Lital Helman, Ofer Tur-Sinai

Florida State University Law Review

Rebecca creates an artwork. David mints an NFT that links to Rebecca’s work. Is David making a copyright infringement? This question — probably the most fundamental one at the intersection between copyright and the technology of non-fungible tokens (NFT) — is the focus of this Article. As surprising as this may sound, the answer is not at all obvious under the extant copyright law. This Article argues that from a policy standpoint, the answer must be positive. Expounding this issue is imperative in order for the NFT technology to fulfill its potential for creative works markets. In this Article, we …