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Articles 1 - 21 of 21
Full-Text Articles in Law
The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman
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. …
Unequal Law, Unequal Burden: The All-Male Selective Service Act, Civilian Rights, And The Limits Of Military Deference In Modern Supreme Court Jurisprudence, Amy Mccarthy
Florida State University Law Review
No abstract provided.
The Substitute And Complement Theories Of Judicial Review, David Landau
The Substitute And Complement Theories Of Judicial Review, David Landau
Scholarly Publications
Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that judicial review and external support are substitutes. Thus, "political safeguard" theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches, making judicial review unnecessary. However, a separate line of work, mostly composed of social scientists examining rights issues, argues that the relationship between courts and outside support is complementary-judges are unlikely to succeed in their projects unless they have sufficient assistance from …
Nationwide Injunctions, Rule 23(B)(2), And The Remedial Powers Of The Lower Courts, Michael T. Morley
Nationwide Injunctions, Rule 23(B)(2), And The Remedial Powers Of The Lower Courts, Michael T. Morley
Scholarly Publications
No abstract provided.
Marriage Equality: The Paralleled Progress Between Public Approval And Supreme Court Decisionmaking, Riley Erin Fredrick
Marriage Equality: The Paralleled Progress Between Public Approval And Supreme Court Decisionmaking, Riley Erin Fredrick
Florida State University Law Review
No abstract provided.
Inefficient Inequality, Shi-Ling Hsu
Inefficient Inequality, Shi-Ling Hsu
Scholarly Publications
For the past several decades, much American lawmaking has been animated by a concern for economic efficiency. At the same time, broad concerns over wealth and income inequality have roiled American politics, and still loom over lawmakers. It can be reasonably argued that a tension exists between efficiency and equality, but that argument has had too much purchase over the past few decades of lawmaking. What has been overlooked is that inequality itself can be allocatively inefficient when it gives rise to collectively inefficient behavior. Worse still, some lawmaking only masquerades as being efficiency-promoting; upon closer inspection, some of this …
Graphic Labels, Dire Warnings And The Facile Assumption Of Factual Content In Compelled Commercial Speech, Nat Stern
Scholarly Publications
No abstract provided.
Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler
Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler
Scholarly Publications
With the growing use of assisted reproductive technology (“ART”), courts have to reconcile competing rights to seek and avoid procreation. Often, in imagining the boundaries of these rights, judges turn to abortion jurisprudence for guidance.
This move sparks controversy. On the one hand, abortion case law may provide the strongest constitutional foundation for scholars and advocates seeking rights to access ART or avoid un-wanted parenthood. On the other hand, abortion jurisprudence carries normative and political baggage: a privacy framework that disadvantages poor women and a history of intense polarization.
This article uses the legal history of struggle over spousal consent …
A Dynamic Theory Of Judicial Role, David Landau
A Dynamic Theory Of Judicial Role, David Landau
Scholarly Publications
Recent scholarship has focused heavily on the activism of courts in the fragile democracies of the “Global South.” Courts in countries like India, Colombia, and South Africa have issued landmark decisions in difficult political environments, in the process raising unanswered questions about the appropriate conception of judicial role in these climates. Much of the judicial and academic effort in these contexts is self-consciously oriented towards using courts to carry out basic improvements in the quality of political systems seen as badly deficient. In other words, the core task is to improve the quality of the democratic system over time. These …
The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead
The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser
The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Comparative Human Rights Jurisprudence In Azerbaijan: Theory, Practice And Prospects, Charles H. Martin
Comparative Human Rights Jurisprudence In Azerbaijan: Theory, Practice And Prospects, Charles H. Martin
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety
Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan
Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Jurisprudential Support For Exemplary Damage Awards: A Dichotomy Between England And Other Common Law Jurisdictions, Alan Reed
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Social Restraint Or Implicit Collusion?: Toward A Game Theoretic Analysis Of Stare Decisis, Erin O'Hara O'Connor
Social Restraint Or Implicit Collusion?: Toward A Game Theoretic Analysis Of Stare Decisis, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum
Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum
Florida State University Law Review
No abstract provided.
In Defense Of Modern Legal Positivism, Peter Mirfield
In Defense Of Modern Legal Positivism, Peter Mirfield
Florida State University Law Review
Professor Mirfield uses the example of a recent casebook to show that the process of excerpting passages from various writings about jurisprudence as a method of introducing the study of jurisprudence has very grave dangers attached to ti. These dangers are demonstrated by "The World of Rules: The Jurisprudence of Positivism," a chapter of Michael Reisman and Aaron M. Schreiber's Understanding and Shaping Law. Professor Mirfield contends that Reisman and Schreiber's presentation of positivism is complete and is, in places, framed with inaccurate summaries and characterizations.
Almost An Age Of Justice, Steve Gey
Almost An Age Of Justice, Steve Gey
Florida State University Law Review
THE UNPUBLISHED OPINIONS OF THE WARREN COURT. By Bernard Schwartz. New York: Oxford University Press. 1985. Pp. 470 . $29.95
The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez
The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez
Florida State University Law Review
No abstract provided.
Determinacy And Deliberation: An Inquiry Concerning Forensic Epistemology, Ray Chazo, Esq.
Determinacy And Deliberation: An Inquiry Concerning Forensic Epistemology, Ray Chazo, Esq.
Florida State University Law Review
No abstract provided.