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Updating The Appendix Of Forms To The Federal Rules: Why Not Provide Official Examples Of What Is Sufficient, David Crump

Florida State University Law Review

Until 2014, the Federal Rules of Civil Procedure included an Appendix of Forms. In 2015, however, the Supreme Court abrogated the Appendix. It would be better if the Court were to promulgate an updated Appendix. A set of officially approved Forms would save judicial and attorney resources, introduce beginning lawyers to proper pleading, discourage the tactic of using motions to dismiss for delay and harassment, and reintroduce numerous documents other than complaints and answers that are not obsolete. The principal reason for abolition of the Forms, presumably, was that they did not comply with the Supreme Court's decisions in Bell …

Rethinking Section 2 Vote Denial, Michael J. Pitts

Florida State University Law Review

It has now been more than 35 years since passage of the Section 2 results standard, and how that standard applies to vote denial claims (e.g., claims involving voter identification) remains extremely muddled. The Supreme Court has never ruled on a vote denial claim in the context of the Section 2 results standard, and lower courts have struggled to develop a workable framework. Yet it is now more imperative than ever to establish a workable framework because Section 2 vote denial claims have become more prevalent in the wake of the Court's 2013 ruling in Shelby County v. Holder. This …

Administrative Injuries, Matthew Stanford

Florida State University Law Review

This Article seizes upon the precarious position of administrative agencies. As White House aides call for the "deconstruction of the administrative state" and judicial nominees flaunt their anti-Chevron credentials before the Senate Judiciary Committee, the thought of an impending test of New Deal reforms is no longer a matter of if, but when. This Article offers a new, more robust framework for courts to consider as litigants take aim at agencies' adjudicative role. Specifically, it addresses the longstanding, yet incredibly porous doctrine of public rights and suggests that a modest analytical supplement-administrative injurieswould go a long way toward preserving this …

The Next Step In The Battle Against High Pharmaceutical Prices: Lexmark & The Dscsa Have Paved The Way For Parallel Importation, Graham O'Donnell

Florida State University Law Review

No abstract provided.

Urban Anticipatory Governance, Edward W. De Barbieri

Florida State University Law Review

Legal scholars who study cities and urban governance discuss participation in a number of ways, and at various moments in the legal process. Frequently, however, less attention is placed on anticipatory participation-forward-lookingf,l exible, and inclusive public engagement- and its role in promoting effective and legitimate policy. The emerging concept of anticipatory governance synthesizes different notions of improving participation and places focus on how residents can best participate in society's most difficult decisions. At the local level, such matters are often those that address land use and economic development. The recent climate change preparedness strategic plan in New York City, known …

Leaving Class Action Plaintiffs With Too Many Legs To Stand On: The Inconsistent Application Of Article Iii Standing Requirements In Data Breach Cases, Christina Behan

Florida State University Law Review

No abstract provided.

Geoengineering: A Promising Weapon Or An Unregulated Disaster In The Fight Against Climate Change?, J. Brent Marshall

Florida State University Journal of Land Use and Environmental Law

"It seems almost preposterous to buck the trends of holistic systems management and suggest running like the Sorcerer's Apprentice from symptom to symptom. It may also seem as though driving less or cutting fewer trees is simpler than scattering dust particles in the stratosphere. It is certainly more elegant. But when the Damocles' sword of massive biotic disruption is hanging over our heads, we should choose what works."'¹

1. Jay Michaelson, Geoengineering and Climate Management: From Marginality to Inevitability, in CLIMATE CHANGE GEOENGINEERING: PHILOSOPHICAL PERSPECTIVES, LEGAL ISSUES, AND GOVERNANCE FRAMEWORKS 81, 114 (Wil C.G. Burns & Andrew L. Strauss …

Policy Mechanisms, Precedent, And Authority For State Implementation Of Climate Change Agendas, Michael Melli

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Land Use Regulation And Good Intentions, Steven J. Eagle

Florida State University Journal of Land Use and Environmental Law

This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a political process prone to ad hoc deal making. Together, they result in regulation that is conceptually incoherent and continually provisional.

The Essay briefly reviews how land use philosophy has changed from early nuisance prevention, through Progressive Era comprehensive planning, to modern views of regulation as transactional. It examines our regulatory takings framework for delineating …

Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Nation's First Forester-In-Chief: The Overlooked Role Of Fdr And The Environment -- Review Of Douglas Brinkley's Rightful Heritage: Franklin D. Roosevelt And The Land Of America, Michael C. Blumm

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Book Review: Michael Faure & Goran Skogh, The Economic Analysis Of Environmental Policy And Law: An Introduction, Greg Goelzhauser

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

A Review Of Inhalation Exposure To Mold And Adverse Health Outcomes, Amanda S. Persad, Todd Stedeford, Marek Banasik, Tomasz T. Suchecki, Carlos A. Muro-Cacho

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Mycotoxins: Mechanisms For Toxicity And Methods For Identifying Exposed Individuals, Carlos A. Muro-Cach, Todd Stedeford, Marek Banasik, Tomasz T. Suchecki, Amanda S. Persad

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Extended Producer Responsibility: A Tool For Achieving Sustainable Development, Nicole C. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Green Buildings: An Overview Of Progress, Charles J. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Litigating Mold Claims: Crisis? What Crisis?, Gregory J. Johansen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Toxicology And Risk Assessment Of Mycotoxins, Raymond D. Harbison, Todd Stedeford, Marek Banasik, Carlos A. Muro-Cacho

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Meaning And Relevance Of Food Security In The Context Of Current Globalization Trends, David Fazzino

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Marine Reserves, The Public Trust Doctrine And Intergenerational Equity, Donna R. Christie

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Proceedings Of The 10th Anniversary Public Interest Environmental Conference: "Shaping Florida's Future: A Decade Of Protecting An Eternity", Erika Zimmerman, Ryan Osborne

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Urban Sprawl: Florida's And Maryland's Approaches, J. Celeste Sakowicz

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Finding The Development Value Of Wetlands And Other Environmentally Sensitive Lands Under The Extent Of Interference With Reasonable Investment-Backed Expectations, Donald C. Guy, James E. Holloway

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Development Of Regional Impact In Florida's Growh Management Scheme: The Changing Role In Regionalism, Joseph Van Rooy

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Is There A There There In Environmental Law?, A. Dan Tarlock

Florida State University Journal of Land Use and Environmental Law

The main question the author poses is: what have environmentalism and environmental regulation contributed to the law? In other words, is environmental law a legitimate field of law? The author answers these questions by discussing the origins and legal foundations of environment law. However, he still questions whether environmental law will someday be extinct. In discussing the jurisprudential sources of environmental law he focuses on legal positivism; sociological jurisprudence; and the legal revolution that focuses on ecosystem integrity concerns of future generations. The discussion continues about the birth of environmental law as a way to compel administrative agencies, private industry …

Recent Developments, Alice F. Harris

Florida State University Journal of Land Use and Environmental Law

This section highlights recent developments in federal and state environmental and land use case law. The section also summarizes Florida Legislation from the 2002 Legislative Session. Readers may also research these topics online at the official website of the Florida Legislature, http://www.leg.state.fl.us, the Florida Department of Environmental Protection's website, http://www.dep.state.fl.us, and the Florida Department of Community Affairs' website, HTTP://www.dca.state.fl.us.