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The Feel Of A Case: Virtue Decision-Making As The Correct Approach For Deciding Cases In Equity, Diego M. Pestana
The Feel Of A Case: Virtue Decision-Making As The Correct Approach For Deciding Cases In Equity, Diego M. Pestana
St. Thomas Law Review
Section I of this Article will provide a brief history of Law and Economics, beginning with its origins in the judicial philosophy of legal realism as espoused by Oliver Wendell Holmes. Section II will discuss the American Hospital case, where Judge Posner memorialized the Leubsdorf- Posner Formulation for granting preliminary injunctions. Section III examines the effect of American Hospital on the lower courts in the Seventh Circuit. Section IV will discuss how the Supreme Court has dealt with preliminary injunctions as well as the factors the Court provided district courts to consider. Section V will describe Professor Solum's idea of …
Lethal Injection Or Lethal Litigation: Florida's Amended Lethal Injection Protocol Opens The Door For Cries Of Cruel And Unusual Punishment, Cynthia Ventura
Lethal Injection Or Lethal Litigation: Florida's Amended Lethal Injection Protocol Opens The Door For Cries Of Cruel And Unusual Punishment, Cynthia Ventura
St. Thomas Law Review
In Florida, lethal injection has been the primary method of execution since the 1990s. The Florida Department of Corrections recently amended its protocol by replacing all three drugs previously used. The first administered lethal dose is now etomidate, an anesthetic that has never been used in the United States as a lethal injection drug. This Comment discusses the lack of empirical research available to support the state of Florida's use of etomidate as an appropriate method of rendering a prisoner unconscious prior to administering the second and third injections. First, this Comment will provide a brief background of the history …
Florida's Controlling Summary Judgment Rule 1.510(C) Contrasted With The Common Law-Created Rule Grounded On Two Conflicted Federal Cases, H Michael Muñiz
Florida's Controlling Summary Judgment Rule 1.510(C) Contrasted With The Common Law-Created Rule Grounded On Two Conflicted Federal Cases, H Michael Muñiz
St. Thomas Law Review
Florida litigators, who are familiar with the Florida Rules of Civil Procedure, should not be surprised that the prescribed, controlling procedural rule to be followed as well as for a Florida state trial court to adjudicate a motion for summary judgment ("MSJ") is presumptively set forth within Rule 1.510 of the modem-day Florida Rules of Civil Procedure. The current rule expressly provides, in material part, "the judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled …
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
St. Thomas Law Review
The supreme law of the land states: ". . .the right of the people to keep and bear arms shall not be infringed." The Supreme Court has found that the right to bear arms for self-defense is protected by the Constitution. Most states have expanded on this right and allow individuals to carry concealed weapons as long as they become licensed by the state. However, this right to carry concealed weapons is surely subject to limitations.' In the state of Florida, concealed weapon permit holders are prohibited from carrying on college or university campuses. This restriction is not beneficial to …