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Articles 1 - 30 of 4280
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. …
Governing The Right To Water, Matthew P. Moschell
Governing The Right To Water, Matthew P. Moschell
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Cyber Terrorism And Civil Aviation: Threats, Standards And Regulations, Dalit Ken-Dror Feldman, Emanuel Gross
Cyber Terrorism And Civil Aviation: Threats, Standards And Regulations, Dalit Ken-Dror Feldman, Emanuel Gross
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Codetermination: A Viable Strategy For The United States?, Jeremy A. Trimble
Codetermination: A Viable Strategy For The United States?, Jeremy A. Trimble
Florida State University Journal of Transnational Law & Policy
No abstract provided.
In A Broken Dream: Lessons From The Rise And Demise Of The Self-Declared Caliphate Of The Islamic State In Syria And Iraq, Tal Mimran
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez
Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Death Of The Evolving Standards Of Decency, Meghan J. Ryan
The Death Of The Evolving Standards Of Decency, Meghan J. Ryan
Florida State University Law Review
The Eighth Amendment Punishments Clause is in jeopardy. The con-stitutionality of punishments is usually judged according to the “evolv-ing standards of decency that mark the progress of a maturing socie-ty.” And in evaluating these standards, the Court has traditionally looked to changing societal views on punishment. This is a living con-stitution approach to interpretation, and the Eighth Amendment is the only area of law in which the Court has consistently and explicitly ap-plied such an approach. But a living constitution approach is diamet-rically opposed to the current Court’s focus on originalism. This is the first originalist Court in history, and …
Stakeholder Engagement, Brett Mcdonnell
Stakeholder Engagement, Brett Mcdonnell
Florida State University Law Review
No abstract provided.
Continuing Education For Directors Of Public Companies, Jennifer O'Hare
Continuing Education For Directors Of Public Companies, Jennifer O'Hare
Florida State University Law Review
Directors of public companies are responsible for overseeing complex organizations in a rapidly changing business environment, but they are not required to engage in continuing education. This creates a danger that directors will not have the knowledge they need to meet the significant demands of overseeing public companies. To address this, public companies should adopt mandatory continuing education policies for their boards, and the Securities and Exchange Commission should require public companies to disclose basic information about their continuing education programs in their proxy statements. This is the first scholarly article to address the issue of mandatory continuing education for …
Clearing The Way To Renminbi Domination: Cips, Antitrust, And Currency Competition, Felix Chang
Clearing The Way To Renminbi Domination: Cips, Antitrust, And Currency Competition, Felix Chang
Florida State University Law Review
No abstract provided.
"Captivating" D&O Insurance: Rectifying Moral Hazard Through Captive Insurance Note, Morgan "Lea" Nobles
"Captivating" D&O Insurance: Rectifying Moral Hazard Through Captive Insurance Note, Morgan "Lea" Nobles
Florida State University Law Review
No abstract provided.
Prosecuting Excessive Pricing Of Pharmaceuticals Under Competition Law: Evolutionary Development, Frederick M. Abbott
Prosecuting Excessive Pricing Of Pharmaceuticals Under Competition Law: Evolutionary Development, Frederick M. Abbott
Scholarly Publications
Prosecution of pharmaceutical companies for excessive pricing of products under competition law is now a reality. As recently as a decade ago, such prosecutions were virtually nonexistent. That situation has changed dramatically as competition authorities in Europe and South Africa have pursued a significant number of such prosecutions and have levied substantial fines against the investigated parties. While the United States has traditionally led in policing the pharmaceutical market against anticompetitive misconduct, in this specific arena it has fallen behind, principally because federal courts so far have refused to acknowledge excessive pricing as a cause of action under Section 2 …
What Torres V. Madrid Reveals About Fact Bias In Civil Rights Cases, Amanda Peters
What Torres V. Madrid Reveals About Fact Bias In Civil Rights Cases, Amanda Peters
Florida State University Law Review
No abstract provided.
Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne R. Barnes
Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne R. Barnes
Florida State University Law Review
No abstract provided.
Agent Correction: Chastisement, Wellness, And Personal Ethics, David Yosifson
Agent Correction: Chastisement, Wellness, And Personal Ethics, David Yosifson
Florida State University Law Review
No abstract provided.
Why The Actual Malice Test Should Be Eliminated, John M. Kang
Why The Actual Malice Test Should Be Eliminated, John M. Kang
Florida State University Law Review
No abstract provided.
Avoiding Scandals Through Tax Rulings Transparency, Leandra Lederman
Avoiding Scandals Through Tax Rulings Transparency, Leandra Lederman
Florida State University Law Review
In 2014, the International Consortium of Investigative Journalists broke the "LuxLeaks" scandal, revealing numerous tax rulings that the press termed "sweetheart deals" granted to multinational companies. Many countries offer tax rulings because they provide certainty to taxpayers and the government on the tax consequences of a planned transaction. Yet, secrecy that is followed by leaks and criticism is a recurring aspect of these rulings, both in the United States and Europe. LuxLeaks, which revealed secret rulings from the small European country of Luxembourg, was international headline news. It helped trigger widespread reforms. Tax authorities, including those of European countries and …
Climate Change And The Challenge To Liberalism, Jacob Eisler
Climate Change And The Challenge To Liberalism, Jacob Eisler
Scholarly Publications
In this editorial, we consider the ways in which liberal constitutionalism is challenged by and presents challenges to the climate crisis facing the world. Over recent decades, efforts to mitigate the climate crisis have generated a new set of norms for states and non-state actors, including regulatory norms (emission standards, carbon regulations), organising principles (common but differentiated responsibility) and fundamental norms (climate justice, intergenerational rights, human rights). However, like all norms, these remain contested. Particularly in light of their global reach, their specific behavioural implications and interpretations and the related obligations to act remain debatable and the overwhelming institutionalization of …
100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott
100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott
Scholarly Publications
We have been asked to reflect on the past 100 years of international intellectual property law and to try to project forward about what changes might be necessary or desirable in the future. Only a science fiction writer would purport to have some idea about what things might look like a hundred years in the future, including from the standpoint of international intellectual property, so my remarks on that will be somewhat more proximate to the present.
Cutting Slavery From U.S. Supply Chains: How Supplementing U.S. Customs And Border Protection Withhold Release Order Procedures Will More Effectively Address Forced Labor In Supply Chains, Laura Moore
Florida State University Law Review
No abstract provided.
Direct Listings And The Weakening Of Investor Protections, Brent J. Horton
Direct Listings And The Weakening Of Investor Protections, Brent J. Horton
Florida State University Law Review
In 2018, the New York Stock Exchange (NYSE) amended its rules to allow a company to directly list on the Big Board without engaging in an initial public offering (IPO). This process-called a direct listingallowed a company to list its stock faster and cheaper, and, at least theoretically, at a more accurate price when compared to the traditional IPO. However, this first version of the NYSE's direct listing rule only allowed the company to list, not raise capital. This limited its usefulness to companies. In 2020, the NYSE again amended its rules, this time to allow a company to list …
The Supreme Court's Fragile Copyright Law, Stephen Yelderman
The Supreme Court's Fragile Copyright Law, Stephen Yelderman
Florida State University Law Review
For a generation, copyright scholars have taken it as a given that copyright law is destined to be disrupted by technological change. The basic problem, they have explained, is that it is impossible for Congress to anticipate the ways that new technologies will affect the creation, distribution, adaptation, and consumption of creative work. While excusing Congress and the courts for copyright law's uncertainties, this view also leads to a kind of resignation. Unless we are to halt the march of technological progress, we must accept the unpredictability of copyright law as an inexorable fact of life. This Article complicates the …
The Unfulfilled Promise Of Self-Determination In Court-Connected Mediation, Peter R. Reilly
The Unfulfilled Promise Of Self-Determination In Court-Connected Mediation, Peter R. Reilly
Florida State University Law Review
In the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: "Should the mediation be conducted in person, or virtually?" The answer to this question can have a profound impact on the direction and course of a mediation, including its outcome. Yet, in the context of court-connected mediation, disputing parties are not consistently provided the opportunity to give input on how such process design questions are resolved. In fact, …
Escaping State Constitutional Duty, Scott R. Bauries
Escaping State Constitutional Duty, Scott R. Bauries
Florida State University Law Review
No abstract provided.
The Hipaa Privacy Rule At Age 25: Privacy For Equitable Ai, Barbara J. Evans
The Hipaa Privacy Rule At Age 25: Privacy For Equitable Ai, Barbara J. Evans
Florida State University Law Review
No abstract provided.
Redeeming Spacs, Usha R. Rodrigues, Michael Stegemoller
Redeeming Spacs, Usha R. Rodrigues, Michael Stegemoller
Florida State University Law Review
Special purpose acquisition companies (SPACs) exploded in popularity in the recent past, luring both adventurous retail investors and sophisticated institutional investors. In a SPAC, a publicly traded shell corporation acquires a private target, thereby taking it public in a manner that circumvents the rigors of a traditional initial public offering (IPO). Proponents vaunt SPACs' ability to simplify the process of accessing the public markets and democratize capitalism, but in their current form, they pose risks to retail investors and to the market as a whole. Using a hand-collected dataset spanning 2010- 2021, this Article fills a gap in the literature …
Navigating The "Wild West" Of Cryptocurrency: Creating A Clear Path Towards Regulation, Sidney Edgar
Navigating The "Wild West" Of Cryptocurrency: Creating A Clear Path Towards Regulation, Sidney Edgar
Florida State University Law Review
No abstract provided.
Bracing Scarcity: Can Nfts Save Digital Art?, Lital Helman, Ofer Tur-Sinai
Bracing Scarcity: Can Nfts Save Digital Art?, Lital Helman, Ofer Tur-Sinai
Florida State University Law Review
Rebecca creates an artwork. David mints an NFT that links to Rebecca’s work. Is David making a copyright infringement? This question — probably the most fundamental one at the intersection between copyright and the technology of non-fungible tokens (NFT) — is the focus of this Article. As surprising as this may sound, the answer is not at all obvious under the extant copyright law. This Article argues that from a policy standpoint, the answer must be positive. Expounding this issue is imperative in order for the NFT technology to fulfill its potential for creative works markets. In this Article, we …
Eco-Necrotourism And Public Land Management: Last Chance Tourism, Ecological Grief, And The World's Disappearing Natural Wonders, Robin Kundis Craig, Katrina Fischer Kuh
Eco-Necrotourism And Public Land Management: Last Chance Tourism, Ecological Grief, And The World's Disappearing Natural Wonders, Robin Kundis Craig, Katrina Fischer Kuh
Florida State University Law Review
Last Chance Tourism. 500 Places to See Before They Disappear. 100 Places to Go Before They Disappear. As these (real) book titles at-test, climate change, often in combination with loss of biodiversity, has created a new kind of ecotourism, which we term eco-necrotourism—the desire to see natural wonders and rare species before they are lost or transformed forever. As a scholarly topic, eco-necrotourism is a small facet of an emerging necessity for climate change law and policy: the need for planners, managers, lawmakers, and policy writers to consider human psychological responses to climate change and its impacts. However, those responses …
Doctrinal Destruction And Chevron's Extinction Debt, James Ming Chen
Doctrinal Destruction And Chevron's Extinction Debt, James Ming Chen
Florida State University Law Review
Chevron, the landmark Supreme Court case urging judicial deference to reasonable agency interpretations of vague or ambiguous statutes, has dominated federal administrative law since 1984. The sudden rise of the major questions doctrine, however, has destroyed Chevron’s jurisprudential habitat. Conservation biology suggests that habitat destruction is most devastating to dominant species, often imposing a biological “debt” that must be repaid through extinction. As with biology, so with law: “Major questions” having displaced agency deference, Chevron is doomed.