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Articles 31 - 60 of 4097
Full-Text Articles in Law
#Wetoo, Kimberly Kessler Ferzan
#Wetoo, Kimberly Kessler Ferzan
Florida State University Law Review
Content Advisory: This article discusses sexual violence in detail. The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. 'Me Too" was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm, they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were …
Florida's Removal Of Safeguards For Defendants On Death-Row: Comparative Proportionality Review, Loana Nardoni
Florida's Removal Of Safeguards For Defendants On Death-Row: Comparative Proportionality Review, Loana Nardoni
Florida State University Law Review
No abstract provided.
Corporate Governance Guidelines: How To Improve Disclosure And Promote Better Corporate Governance In Public Companies, Jennifer O'Hare
Corporate Governance Guidelines: How To Improve Disclosure And Promote Better Corporate Governance In Public Companies, Jennifer O'Hare
Florida State University Law Review
If you are a shareholder of a public corporation, you may think it would be easy to find basic information about your shareholder rights, such as whether shareholders have the right to call special stockholder meetings. You would probably assume that the information would be disclosed in the company's "Corporate Governance Guidelines," (CGGs) which, according to a New York Stock Exchange (NYSE) rule, must be posted on the company's website for shareholder review. But, as this article shows, companies are not required to disclose information about shareholder rights in their corporate governance guidelines, and most companies have chosen not to …
A Portfolio Approach To Policymaking Uncertainty, Matthew C. Turk
A Portfolio Approach To Policymaking Uncertainty, Matthew C. Turk
Florida State University Law Review
This article examines a basic dilemma that appears across nearly all areas of the law: what is the appropriate regulatory response to uncertainty in the policymaking environment, where the costs, benefits, and other consequences of any particular legal intervention are difficult to predict, and often equally difficult to measure after the fact? Although a vast theoretical literature addresses that question, the existing scholarship almost uniformly seeks to identify a single policy rule or procedure that is most robust to uncertainty. This article takes a fundamentally different approach. By drawing on the leading theory of financial investment under uncertainty-Modern Portfolio Theory-it …
Impeaching Legal Ethics, Bruce A. Green, Rebecca Roiphe
Impeaching Legal Ethics, Bruce A. Green, Rebecca Roiphe
Florida State University Law Review
In the investigations, hearings, and aftermath of President Trump's first impeachment, lawyer-commentators invoked the rules of professional conduct to criticize the government lawyers involved. To a large extent, these commentators mischaracterized or misapplied the rules. Although these commentators often presented themselves to the public as neutral experts, they were engaged in political advocacy, using the rules, as private litigators often do, as a strategic weapon against an adversary in the court of public opinion. For example, commentators on the left wrongly conveyed that, under the rules, government lawyers had a responsibility to the public to voluntarily assist in the impeachment, …
The Public Trust Doctrine, Property, And Society, Erin Ryan
The Public Trust Doctrine, Property, And Society, Erin Ryan
Scholarly Publications
The public trust doctrine creates a set of sovereign rights and responsibilities with regard to certain resource commons, obligating the state to manage them in trust for the public. In the last century, the doctrine has gradually transformed from an affirmation of sovereign authority over trust resources to a recognition of sovereign responsibility to protect them for present and future generations. Especially in the United States, it has evolved through common, constitutional, and statutory law to protect a broader variety of resources and associated values, including ecological, recreational, and scenic values. Today, the doctrine is frequently invoked in natural resource …
Conceptualising Corruption And The Rule Of Law, Jacob Eisler
Conceptualising Corruption And The Rule Of Law, Jacob Eisler
Scholarly Publications
No abstract provided.
The Pendulum Swings Back: New Authoritarian Threats To Liberal Democratic Constitutionalism, Jacob Eisler
The Pendulum Swings Back: New Authoritarian Threats To Liberal Democratic Constitutionalism, Jacob Eisler
Scholarly Publications
No abstract provided.
Government Speech And The Establishment Clause, Alexander Tsesis
Government Speech And The Establishment Clause, Alexander Tsesis
Scholarly Publications
This Article argues that the Establishment Clause prohibits public actors or agencies from adopting religious messages and symbols. The limitation is explicitly stated in the First Amendment, which restricts government from encroaching on religious belief and ritual. Separation between private and public spheres protects thought, belief, and practice under the Free Exercise Clause and prevents official orthodoxy under the Establishment Clause. One religion clause requires government to respect deeply held personal beliefs that are parallel to beliefs in God, while the other clause prohibits government from participating in sectarian conduct. Government speech can describe, explain, contextualize, and characterize religious rituals …
Damned Causation, Elissa Philip Gentry
Damned Causation, Elissa Philip Gentry
Scholarly Publications
The inherent mismatch between the questions law asks and the answers statistics provides has led courts to create arbitrary rules for statistical evidence. Adherence to these rules undermines deterrence goals and runs the risk of depriving recovery for whole categories of injuries. In response, some courts adopt new theories of recovery, relying on the loss of chance doctrine to provide some relief to injured plaintiffs. These solutions, however, only serve to exacerbate the fundamental misunderstanding of probabilities. While these doctrines largely operate within the context of medical malpractice, the increased ability to capture more statistical data may prompt courts to …
The Color Of Property And Auto Insurance: Time For Change, Jennifer Wriggins
The Color Of Property And Auto Insurance: Time For Change, Jennifer Wriggins
Florida State University Law Review
Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. The time therefore is ripe for examining insurance as it relates to race' and racism, including history and current regulation. Two of the most important types of personal insurance are property and automobile. Part I begins with history, focusing on property insurance, auto insurance, race, and racism in urban areas around the mid-twentieth century. Private insurers deemed large areas of cities where African Americans lived to be "blighted" and refused to insure all …
Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka
Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka
Scholarly Publications
The Fourth Amendment exclusion doctrine is as baffling as it is ubiquitous. Although courts rely on it every day to decide Fourth Amendment violations as well as defendants' motions to suppress evidence obtained through these violations, virtually every aspect of the doctrine is a subject of fundamental disagreement and confusion. When defendants file motions to suppress unlawfully obtained evidence, the government often argues that even if a violation of the Fourth Amendment has transpired, the remedy of evidence suppression is barred because the police acted in "good faith," meaning the officer reasonably, albeit mistakenly, believed the search or seizure was …
Rethinking Constitutionally Impermissible Punishment, Nadia Banteka
Rethinking Constitutionally Impermissible Punishment, Nadia Banteka
Scholarly Publications
Prisons and jails endanger the health and wellbeing of incarcerated individuals and their communities. These facilities are often overcrowded and unsanitary,1 with limited access to medical care, 2 and no basic sanitation and personal hygiene products unless a person can pay the spiked prices of the jail's commissary.3 Public health emergencies compound these dangers. Most recently, the spread of the COVID-19 pandemic created a crisis for people in detention, their families, and the communities surrounding jails and prisons. For over a year, there were no vaccines against COVID-19, new strains of the virus continue to evade vaccine-induced immunity, and there …
Rethinking The Government Speech Doctrine, Post-Trump, Jacob Eisler
Rethinking The Government Speech Doctrine, Post-Trump, Jacob Eisler
Scholarly Publications
The Supreme Court has held that when the government speaks, it faces few constitutional constraints, including adherence to viewpoint neutrality. The Court has indicated that if voters dislike the content of governmental speech, they should express this displeasure through democratic process. Yet the inadequacy of this logic has been exposed by the Trump presidency, which reflected extraordinary willingness to defy norms and conventions of the presidency, including the expectation that the office would not be abused to advance partisan goals or attack political enemies. Since many of Trump's statements had the precise aim of influencing popular self-determination, his presidency shows …
Who Owns The Critical Vision In International Legal History?: Reflections On Anne Orford's International Law And The Politics Of History, Afroditi Giovanopoulou
Who Owns The Critical Vision In International Legal History?: Reflections On Anne Orford's International Law And The Politics Of History, Afroditi Giovanopoulou
Scholarly Publications
No abstract provided.
Florida State Law Alumni Magazine & Annual Report (2022), Florida State University College Of Law Office Of Development And Alumni Affairs
Florida State Law Alumni Magazine & Annual Report (2022), Florida State University College Of Law Office Of Development And Alumni Affairs
Alumni Newsletter & FSU Law Magazine
No abstract provided.
Explaining Florida Man, Ira P. Robbins
Explaining Florida Man, Ira P. Robbins
Florida State University Law Review
"Tlorida Man" is a popular cultural phenomenon in which journalists report on Floridians' unusual (and often criminal) behavior, and readers relish in and share the stories, largely on social media. A meme based on Florida Man news stories emerged in 2013 and continues to capture people's attention nationwide. Florida Man is one of the latest unique trends to come from the Sunshine State and contributes to Florida's reputation as a quirky place. Explanations for Florida Man center on Florida's Public Records Law, which is known as one of the most expansive open records laws in the country. All states and …
Taboo Transactions: Selling Athlete Biometric Data, John T. Holden, Kimberly A. Houser
Taboo Transactions: Selling Athlete Biometric Data, John T. Holden, Kimberly A. Houser
Florida State University Law Review
As consumers begin to realize the extent to which their biometric and health data are being tracked through wearable devices, new privacy concerns have arisen. These concerns are more than hypothetical as the unregulated sharing and disclosure of biometric and health data may have serious repercussions. This is especially true for the athletes whose data is tracked with precision and where a lucrative market of multiple parties anxious to obtain this data already exists. The ownership and use of this data have become an incredibly complex issue, as sports leagues, teams, and the device makers wrangle over how this data …
Arming Goliath: Independent Craft Beer Is In Jeopardy At The Intersection Of A First Amendment Circuit Split, The Twenty-First Amendment, And The Erosion Of Tied-House Laws, Daniel J. Croxall
Florida State University Law Review
No abstract provided.
Cbd And Gluten-Free: Compliance Challenges And Regulatory Action In New Areas Of Food And Drug Law, Christine Abely
Cbd And Gluten-Free: Compliance Challenges And Regulatory Action In New Areas Of Food And Drug Law, Christine Abely
Florida State University Law Review
This Article examines the challenges of regulating new areas of food and drug law and promoting industry compliance by considering two case studies: the U.S. regulation of cannabidiol (CBD) products and that of gluten-free items. Gluten-free claims on packaged foods have been subject to a set of U.S. Food and Drug Administ ration rules since those rules became effective in 2014. This new regulatory standard has improved the ability of consumers who need to rely on gluten-free labeling for health reasons to do so. Some concerns remain, however, about the mislabeling of foods that legally cannot be termed as gluten-free …
The Fourth Amendment And The Dangerous Fiction Of "Implied Consent", Christian Talley
The Fourth Amendment And The Dangerous Fiction Of "Implied Consent", Christian Talley
Florida State University Law Review
When the police obtain an individual's consent, they may conduct searches or seizures that the Fourth Amendment would otherwise prohibit. Consent is thus a powerful exception to that Amendment's guarantees of liberty and privacy. But consent is also fragile. Determining whether someone consented to a contested intrusion requires a sensitive review of that transaction's particular facts-what the Supreme Court has termed "the totality of the circumstances. "An irreconcilable notion of consent, however, has long persisted in state statutes and has recently surfaced in two cases at the Supreme Court: so-called "implied consent." Unlike real consent-a historical fact to be deduced …
The Ongoing Issue Of Cyber Insecurity: Why Cyber Insurance Should Be Mandatory For Consumer Companies, Allyson Patterson
The Ongoing Issue Of Cyber Insecurity: Why Cyber Insurance Should Be Mandatory For Consumer Companies, Allyson Patterson
Florida State University Law Review
No abstract provided.
Cops In Scrubs, Ji Seon Song
Cops In Scrubs, Ji Seon Song
Florida State University Law Review
An encounter with police often involves more than just the police officer and the individual person. This Article highlights one particular actor integral to police investigations: the medical professional. Medical professionals, whether they be physicians, nurses, nurse practitioners, or other healthcare providers, become part of investigations in many ways. They notify police of crimes. They facilitate police questioning. They provide information gleaned from patient conversations, patient belongings, and their bodies. _The intertwined relationship between medical professionals and law enforcement is embedded in the legal and regulatory framework. A constellation of laws directs medical professionals to cooperate with law enforcement with …
Cross-Plan Offsetting: Efficient Or Unethical?, Natalie Macaire King
Cross-Plan Offsetting: Efficient Or Unethical?, Natalie Macaire King
Florida State University Law Review
No abstract provided.
Litigation Sanctions Against Lawyers And Due Process, Douglas R. Richmond
Litigation Sanctions Against Lawyers And Due Process, Douglas R. Richmond
Florida State University Law Review
No abstract provided.
Privacy's "Three Mile Island" And The Need To Protect Political Privacy In Private-Law Contexts, Raymond H. Brescia
Privacy's "Three Mile Island" And The Need To Protect Political Privacy In Private-Law Contexts, Raymond H. Brescia
Florida State University Law Review
When it was revealed that Cambridge Analytica obtained the personal and private information of eighty-seven million Facebook users to aid the 2016 U.S. presidential campaign of Donald J. Trump, it was described as privacy's "Three Mile Island": an event, like the famed nuclear accident from which the term comes, that would shake and shape an industry and its approach to digital privacy and the underlying political information such privacy protects. In the intervening four years, despite these revelations, while some social media companies took voluntary measures to prevent a repeat of the types of abuses that plagued the 2016 election, …
Negligent Innovation, Oskar Liivak
Negligent Innovation, Oskar Liivak
Florida State University Law Review
Innovation is the buzzword of our time. Everyone wants to be an innovator. Corporations strive to be innovative. All this hype is good. Technological innovation is accepted as the single most important driver of economic growth. We should be obsessed with innovation. As such, it is not at all surprising that innovation and technological commercialization lie at the heart of justifications for the patent system. But there is something quite odd about these theories and indeed with our patent system: they never actually require innovation. A patentee is not obligated to take on the risky work of development and commercialization. …
Negligent Innovation, Oskar Liivak
Negligent Innovation, Oskar Liivak
Florida State University Law Review
Innovation is the buzzword of our time. Everyone wants to be an innovator. Corporations strive to be innovative. All this hype is good. Technological innovation is accepted as the single most important driver of economic growth. We should be obsessed with innovation. As such, it is not at all surprising that innovation and technological commercialization lie at the heart of justifications for the patent system. But there is something quite odd about these theories and indeed with our patent system: they never actually require innovation. A patentee is not obligated to take on the risky work of development and commercialization. …
Uncertain Risk, Science Experiments, And The Courts, Eric E. Johnson
Uncertain Risk, Science Experiments, And The Courts, Eric E. Johnson
Florida State University Law Review
Legal scholarship has looked at problems of uncertainty- "unknown unknowns"-in a variety of contexts, from financial regulation to national security. This Article, however, focuses on uncertain risk in what may be its most challenging arena: experimental scientific research. Notably, this context imposes a key conceptual hurdle. In other arenas, law and regulation can work to lessen uncertainty. But with science-experiment risk, uncertainty cannot be sidestepped, since going beyond the current state of human knowledge is the whole point of experimental research. Moreover, scienceexperiment risk involves the highest possible stakes, since future experiments could plausibly lead to global catastrophe, even human …
University Use Of Big Data Surveillance And Student Privacy, Machaella Reisman
University Use Of Big Data Surveillance And Student Privacy, Machaella Reisman
Florida State University Law Review
out new ways to diversify revenues. Concurrently, universities are struggling with losing students after their freshman year. Using student data and data analytics to predict which students are at risk of dropping out seems like an easy solution to the problem. Once identified through data mining, universities can target these at-risk students to retain them. In doing so, the university ensures it does not lose tuition from those at-risk students. However, universities fail to consider the privacy concerns that arise by bringing big data to college campuses. Student autonomy and student choice suffer from the use of big data at …