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Articles 1 - 26 of 26
Full-Text Articles in Law
What Personal Jurisdiction Doctrine Does -- And What It Should Do, Katherine Florey
What Personal Jurisdiction Doctrine Does -- And What It Should Do, Katherine Florey
Florida State University Law Review
Commentators have routinely noted the complexity, opacity, and multiple functions of U.S. personal jurisdiction doctrine. Yet underlying this comparative chaos are two important concerns. Both commentary and Supreme Court cases have long recognized that a court's assertion of power over a particular defendant and case may have two undesirable consequences. First the burden on the defendant of having to appear before a certain type of court or in a particular location may be unacceptably high. Second a court's jurisdictional overreaching may encroach upon the sovereignty of other states or nations and in so doing, may foster uncertainty about which sovereign's …
Stays Of Injunctive Relief Pending Appeal: Why The Merits Should Not Matter, Jill Wieber Lens
Stays Of Injunctive Relief Pending Appeal: Why The Merits Should Not Matter, Jill Wieber Lens
Florida State University Law Review
In Nken v. Holder, the Supreme Court delineated the standards that must guide a court’s discretion in deciding whether to stay injunctive relief pending appeal A “critical” factor is whether the stay applicant has made a “strong showing” of her likelihood to succeed on the merits of the appeal. Because of the critical label it is not surprising to see lower courts issue long decisions extensively predicting the decision of the appellate court on the merits. To preserve her interest in judicial review, the stay applicant must effectively show that she will win the appeal.
Stays play an important …
Allowing Improper Argument Of Counsel To Be Raised For The First Time On Appeal As Fundamental Error: Are Florida Courts Throwing Out The Baby With The Bath Water?, Larry A. Klein
Florida State University Law Review
No abstract provided.
Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson
Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson
Florida State University Law Review
No abstract provided.
Sovereignty And Personal Jurisdiction Doctrine: Up The Stream Of Commerce Without A Paddle, Pamela J. Stephens
Sovereignty And Personal Jurisdiction Doctrine: Up The Stream Of Commerce Without A Paddle, Pamela J. Stephens
Florida State University Law Review
No abstract provided.
Stare Decisis Among And Within Florida's District Courts Of Appeal, Taylor Mattis
Stare Decisis Among And Within Florida's District Courts Of Appeal, Taylor Mattis
Florida State University Law Review
No abstract provided.
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida State University Law Review
Florida's partial final judgment rule creates uncertainty for attorneys and their clients. The author of this Article proposes solutions ranging from changes in terminology to amendments to the rule.
In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee
In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee
Florida State University Law Review
No abstract provided.
An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter
An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter
Florida State University Law Review
In Schiavone v. Fortune, the United States Supreme Court held that the "period provided by law for commencing the action" language of the Federal Rule of Civil Procedure 15(c) includes the statutory limitation period, but not the time allowed for service of process. After demonstrating that this interpretation of Rule 15(c) is unreasonable, the author of this Article examines the various ways that federal courts have dealt with the decision. In light of the confusion and inequities which have resulted, the author suggests two ways of effecting a more just and sensible reading of Rule 15(c).
Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed
Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed
Florida State University Law Review
When an attorney furnishes documents containing work product to an expert witness, a potential conflict arises between the work product immunity of Rule 26(b)(3) and the expert discovery provisions of Rule 269b)(4). In this Article, Professors Henkel and Reed examine the approaches federal courts have taken to this conflict. They argue that any approach which either allows for the discovery of documents containing work product or allows for the discovery of document from which product has been expunged is contrary to the purposes of the federal rules. The authors then propose a solution to this conflict which protects both the …
Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Robert C. Shearman
Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Robert C. Shearman
Florida State University Law Review
Civil Procedure-PERSONAL JURISDICTION-DUE PROCESS LIMITS THE REACH OF FLORIDA'S LONG-ARM STATUTE IN BRINGING CONTRACT DEFENDANTS TO THE HOME OF THE WHOPPER
Procedural Issues In Raising A Constitutional Taking Claim: Trends In Florida Law, Robert P. Banks
Procedural Issues In Raising A Constitutional Taking Claim: Trends In Florida Law, Robert P. Banks
Florida State University Law Review
No abstract provided.
Rule 1.540(B), Florida Rules Of Civil Procedure: In Search Of An Equitable Standard Of Relief From Fraud, C. Timothy Gray
Rule 1.540(B), Florida Rules Of Civil Procedure: In Search Of An Equitable Standard Of Relief From Fraud, C. Timothy Gray
Florida State University Law Review
No abstract provided.
Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman
Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman
Florida State University Law Review
No abstract provided.
Vanbibber V. Hartford Accident & Indemnity Insurance Co., 439 So. 2d 880 (Fla. 1983), Brian G. Pincket
Vanbibber V. Hartford Accident & Indemnity Insurance Co., 439 So. 2d 880 (Fla. 1983), Brian G. Pincket
Florida State University Law Review
Insurance/Civil Procedure-STATUTE WHICH PROHIBITS THE JOINDER OF LIABILITY INSURER IN AN ACTION AGAINST ITS INSURED HELD CONSTITUTIONAL
Mercer V. Raine, 443 So. 2d 944 (Fla. 1983), Adam Tebrugge
Mercer V. Raine, 443 So. 2d 944 (Fla. 1983), Adam Tebrugge
Florida State University Law Review
Civil Procedure-DISCOVERY SANCTIONS-TRIAL COURT'S IMPOSITION OF DEFAULT JUDGMENT FOR WILLFUL NONCOMPLIANCE WITH DISCOVERY ORDER WILL BE AFFIRMED DESPITE SUBSEQUENT OFFER OF COMPLIANCE. APPLICABLE STANDARD OF APPELLATE REVIEW IS "CLEAR" ABUSE OF DISCRETION
The Equal Access To Justice Act, Pub. L. No. 96-481, 94 Stat. 2325 (1980), P. Scott Mitchell
The Equal Access To Justice Act, Pub. L. No. 96-481, 94 Stat. 2325 (1980), P. Scott Mitchell
Florida State University Law Review
Civil Procedure-ATTORNEY'S FEES-RECOVERY OF ATTORNEY'S FEES AGAINST THE UNITED STATES
Delta Air Lines, Inc. V. August, 101 S. Ct. 1146 (1981), Robert L. Rothman
Delta Air Lines, Inc. V. August, 101 S. Ct. 1146 (1981), Robert L. Rothman
Florida State University Law Review
Civil Procedure-FEDERAL RULE OF CIVIL PROCEDURE 68-WHEN IT COMES DOWN TO COSTS, IT'S NOT HOW YOU PLAY THE GAME, IT'S WHETHER YOU WIN OR LOSE
A Well-Plead Complaint - The Key To Recovery Of Economic Damages For Delay In Admiralty, Chuck Talley
A Well-Plead Complaint - The Key To Recovery Of Economic Damages For Delay In Admiralty, Chuck Talley
Florida State University Law Review
No abstract provided.
Estoppel And The Public Purse: A New Check On Government Taxing And Spending Powers In Florida, David K. Miller
Estoppel And The Public Purse: A New Check On Government Taxing And Spending Powers In Florida, David K. Miller
Florida State University Law Review
No abstract provided.
Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman
Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman
Florida State University Law Review
Torts-CIVIL PROCEDURE- NONJOINDER OF MOTOR VEHICLE LIABILITY INSURERS HELD UNCONSTITUTIONAL
Fears V. Lunsford, 314 So. 2d 578 (Fla. 1975), Diane Kay Kiesling
Fears V. Lunsford, 314 So. 2d 578 (Fla. 1975), Diane Kay Kiesling
Florida State University Law Review
Civil Procedure- VOLUNTARY DISMISSAL- PLAINTIFF'S RIGHT TO TAKE VOLUNTARY DISMISSAL IS ABSOLUTE; OR PLAINTIFF GETS A SECOND CHANCE.
Tuz V. Chadbourne, Inc., 310 So. 2d 8 (Fla. 1975), T. Elaine Holmes
Tuz V. Chadbourne, Inc., 310 So. 2d 8 (Fla. 1975), T. Elaine Holmes
Florida State University Law Review
Judgments- ISSUE PRECLUSION- FORMAL ADVERSENESS BETWEEN CODEFENDANTS IS NOT PREREQUISITE TO APPLICATION OF ESTOPPEL BY JUDGMENT; SINGLE ACCIDENT INJURING MORE THAN ONE PERSON MAY PRODUCE SINGLE ISSUE FOR PURPOSES OF ESTOPPEL BY JUDGMENT.
Bussey V. Legislative Auditing Committee, 298 So. 2d 219 (Fla. 1st Dist. Ct. App.), Cert. Denied, 304 So. 2d 451 (Fla. 1974), Stephen J. Weinbaum
Bussey V. Legislative Auditing Committee, 298 So. 2d 219 (Fla. 1st Dist. Ct. App.), Cert. Denied, 304 So. 2d 451 (Fla. 1974), Stephen J. Weinbaum
Florida State University Law Review
Process- PERSONAL SERVICE OF LEGISLATIVE WITNESS SUBPOENA DOES NOT CONFER IN PERSONAM JURISDICTION ON CIRCUIT COURT IN PROCEEDINGS TO ENFORCE THAT SUBPOENA.
Should Trees Have Standing? Toward Legal Rights For Natural Objects, Tom R. Moore
Should Trees Have Standing? Toward Legal Rights For Natural Objects, Tom R. Moore
Florida State University Law Review
By Christopher D. Stone. Los Altos, California: William Kaufman, Inc. 1974. Pp. xvii, 102. $6.95.
Eisen V. Carlisle & Jacquelin, 479 F.2d 1005 (2d Cir. 1973), [Vacated, 417 U.S. 156 (1974)], Florida State University Law Review
Eisen V. Carlisle & Jacquelin, 479 F.2d 1005 (2d Cir. 1973), [Vacated, 417 U.S. 156 (1974)], Florida State University Law Review
Florida State University Law Review
Class Actions-FEDERAL RULES OF CIVIL PROCEDURE- RULE 23(b)(3) CLASS ACTION REQUIRES PERSONAL NOTICE TO ALL IDENTIFIABLE MEMBERS OF THE CLASS.