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Full-Text Articles in Legal Profession
Clicking Away Confidentiality: Workplace Waiver Of Attorney-Client Privilege, Adam C. Losey
Clicking Away Confidentiality: Workplace Waiver Of Attorney-Client Privilege, Adam C. Losey
Florida Law Review
Barbara Hall, an administrative assistant, often arrives at work an hour and a half early solely to check her personal e-mails on her employer’s computer. Afterwards, “[i]n the grand tradition of Chekhov, or perhaps ‘Days of Our Lives,’ Barbara Hall carries on a dialogue throughout the workday with her two daughters, both of whom work at an event-planning company in Cleveland and use its e-mail system for such exchanges.” When she gets home from work, Barbara continues to use her workplace e-mail account to send personal e-mails. Barbara Hall and her daughters are not alone. The average employee is estimated …
Damned If You Do, Doomed If You Don't: Patenting Legal Methods And Its Effect On Lawyers' Professional Responsibilites, Stephanie L. Varela
Damned If You Do, Doomed If You Don't: Patenting Legal Methods And Its Effect On Lawyers' Professional Responsibilites, Stephanie L. Varela
Florida Law Review
Imagine, before advising each client, having to confer with the U.S. Patent and Trademark Office (USPTO) to determine whether another lawyer already owns a patent to the legal strategy you wish to propose. Imagine having to pay someone so your client can follow legal advice you wish to impart. Worse yet, imagine having to forego the most favorable legal course of action for your client simply because your client cannot afford it! While these possibilities may seem outlandish, this is precisely what courts may soon decide. Judicial affirmation of the patentability of legal strategies could become a stark reality sooner …
The Perspective Of A Junior Circuit Judge On Judicial Modesty, William Pryor Jr.
The Perspective Of A Junior Circuit Judge On Judicial Modesty, William Pryor Jr.
Florida Law Review
I appreciate the invitation to deliver the Dunwody Lecture this year, and I am grateful that this occasion has allowed me to visit, for the first time, one of the premier law schools in this Circuit and our nation. The Levin College of Law enjoys an excellent reputation for the education of lawyers. It is the alma mater of three judges of our court, and each year top graduates of this college serve our court with distinction as law clerks. I hope this visit will be the first of many to come for me. My topic today is judicial modesty, …
Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson
Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson
Florida Law Review
In oral argument in Baker v. Carr, Attorney Z.T. Osborn, Jr., on behalf of Tennessee voters arguing that the U.S. Supreme Court should hold legislative apportionment ajusticiable issue, exclaimed that "the motto of the Supreme Court of Tennessee is Fiat justicia ruat caelum; Let justice be done if the skies should fall." With that exhortation, Osborn remarked to the Court, "We have no other place to go. Weare at the capital of the world.
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger
Florida Law Review
Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforcement personnel, publicschool officials, government employers, and those who render decisions that affect our property rights. Government officials who act with intent to harm or with deliberate indifference to our rights have been found to engage in conduct that “shocks the judicial conscience” contrary …
How To Think About Errors, Costs, And Their Allocation, Ronald J. Allen
How To Think About Errors, Costs, And Their Allocation, Ronald J. Allen
Florida Law Review
There is an ongoing, robust debate about the structure of litigation, and in particular, about access to the courts. For a considerable period of time, the mantra that the courts should be readily available to all the people so that people may present claims that their rights have been violated has dominated academic discourse and has, perhaps, significantly influenced the structure of litigation.1 This conventional view—that the courts should be freely open to all—was dealt a blow by the Iqbal2 and Twombly3 decisions, which imposed greater gatekeeping responsibilities on the federal district courts. These decisions predictably provoked a storm of …