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Articles 301 - 311 of 311

Full-Text Articles in Law

The Sherman Act And Avoiding Void-For-Vagueness, Matthew G. Sipe Apr 2018

The Sherman Act And Avoiding Void-For-Vagueness, Matthew G. Sipe

Florida State University Law Review

No abstract provided.


Breaking Dichotomies At The Core Of Employment Discrimination Law, William R. Corbett Apr 2018

Breaking Dichotomies At The Core Of Employment Discrimination Law, William R. Corbett

Florida State University Law Review

No abstract provided.


Self-Plagiarism, Josh Blackman Apr 2018

Self-Plagiarism, Josh Blackman

Florida State University Law Review

No abstract provided.


Just Cause For Trust: Honoring The Expectation Of Loyalty In The At-Will Employment Relationship, William Homer Apr 2018

Just Cause For Trust: Honoring The Expectation Of Loyalty In The At-Will Employment Relationship, William Homer

Florida State University Law Review

No abstract provided.


Contributions, Brides, And The Convergence Of Political And Criminal Corruption, Joshua S. Sellers Apr 2018

Contributions, Brides, And The Convergence Of Political And Criminal Corruption, Joshua S. Sellers

Florida State University Law Review

No abstract provided.


The Best And Worst Of Contracts Decisions: An Anthology, Daniel Barnhizer Et Al. Apr 2018

The Best And Worst Of Contracts Decisions: An Anthology, Daniel Barnhizer Et Al.

Florida State University Law Review

The common law of contract is an intellectual and political triumph. In its mature form, it enables judges whose ideological goals may differ to apply doctrines that provide the right to make enforceable promises; with legislation, the common law also provides proper limits on that right. Lately, scholars have produced a flood of contract law theory that enriches our thinking about and grounding for contract law norms. But the real work of common law development has always occurred in the trenches-in judicial decisions. In those trenches and on the framework built there, some decisions matter far more than others, and …


How And Why Corporations Became (And Remain) Persons Under Criminal Law, W. Robert Thomas Jan 2018

How And Why Corporations Became (And Remain) Persons Under Criminal Law, W. Robert Thomas

Florida State University Law Review

No abstract provided.


Loving Retroactivity, Charles W. "Rocky" Rhodes Jan 2018

Loving Retroactivity, Charles W. "Rocky" Rhodes

Florida State University Law Review

Pending actions across the nation highlight the ongoing struggle between adjudicative retroactivity and marital equality. The Supreme Court's constitutional decisions overruling prior precedents or applying new legal rules to the parties retroactively govern all pending and future adjudicative proceedings on direct review, even if the underlying operative events occurred under a prior legal framework. But this understanding of the temporal boundaries of legal change is being challenged after the Supreme Court's holding in Obergefell v. Hodges that laws excluding same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples are invalid. The retroactive application of Obergefell …


Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Guevremont, Tamar Ezer, Joseph Fins Jan 2018

Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Guevremont, Tamar Ezer, Joseph Fins

Florida State University Law Review

Thousands of persons with severe brain injury who are minimally conscious or "locked in" are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate medical care, rehabilitation, and assistive devices that could aid them in communication and recovery. While this problem is often approached from a medical or scientific point of view, here we frame it as a legal issue amenable to legal remedies. This Article comprehensively explores …


Contract Law's Predominant-Purpose Test And The Law-Fact Distinction, Daniel P. O'Gorman Jan 2018

Contract Law's Predominant-Purpose Test And The Law-Fact Distinction, Daniel P. O'Gorman

Florida State University Law Review

No abstract provided.


Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders Jan 2018

Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders

Florida State University Law Review

Scholars have recently noted the paucity of scholarship on administrative licenses as especially significant given the prevalence-indeed ubiquity-of administrative licenses today.This Article contributes to filling that void by tackling an aspect of administrative licensing that has received especially little attention and, as a result, has been a source of serious confusion: license renewals. As this Article details, administrative license renewal practices raise interesting and important questions about administrative law and procedural due process. Does one have a property interest in a license after that license expires by its terms? Is an agency's decision not to renew a license more akin …