Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (292)
- Constitutional Law (25)
- Property Law and Real Estate (24)
- State and Local Government Law (24)
- Land Use Law (15)
-
- Water Law (15)
- Supreme Court of the United States (9)
- Law and Society (8)
- Administrative Law (6)
- International Law (6)
- Indigenous, Indian, and Aboriginal Law (5)
- Civil Rights and Discrimination (4)
- Legal Remedies (4)
- Natural Resources Law (4)
- Environmental Health (3)
- Family Law (3)
- Law and Gender (3)
- Life Sciences (3)
- Pharmacology, Toxicology and Environmental Health (3)
- Sexuality and the Law (3)
- Tax Law (3)
- Taxation-Federal (3)
- Toxicology (3)
- Animal Law (2)
- Comparative and Foreign Law (2)
- Contracts (2)
- Dispute Resolution and Arbitration (2)
- Election Law (2)
- Intellectual Property Law (2)
- Keyword
-
- DER (6)
- Constitutional law (3)
- DRI (3)
- Fraud (3)
- Police power (3)
-
- ART (2)
- Alternative reproductive technologies (2)
- Case law (2)
- Contract law (2)
- Department of Environmental Regulation (2)
- ELWMA (2)
- EPA (2)
- Environmental law (2)
- Florida Keys (2)
- Fungi (2)
- Fungus (2)
- Hacking (2)
- Jurisdiction (2)
- Mold (2)
- Takings clause (2)
- Zoning (2)
- 126 Yale L.J. 2260 (1)
- 163.01 (1)
- 163.160 (1)
- 2017 Tax Cuts and Jobs Act (1)
- 253.1223 (1)
- 253.124 (1)
- 261 So.2d 832 (1)
- 399 So.2d 1374 (1)
- 403.021 (1)
- Publication
- Publication Type
Articles 301 - 330 of 338
Full-Text Articles in Law
The Story Of Parenthood, Courtney Cahill
A Process-Based Approach To Presidential Exit, Mark Seidenfeld
A Process-Based Approach To Presidential Exit, Mark Seidenfeld
Scholarly Publications
No abstract provided.
Cities, Government, Law, And Civil Society, Heidi Li Feldman
Cities, Government, Law, And Civil Society, Heidi Li Feldman
Florida State University Law Review
No abstract provided.
The Presumption Against Implied Preemption: How State Law Fraud-On-The-Fda Claims Complement, Rather Than Conflict With, Federal Law, Hannah Rodgers
The Presumption Against Implied Preemption: How State Law Fraud-On-The-Fda Claims Complement, Rather Than Conflict With, Federal Law, Hannah Rodgers
Florida State University Law Review
Imagine an individual who visits his or her doctor after developing a hernia. The doctor informs the individual of a new implant-or mesh-that involves minimally invasive surgery with very little healing time. Many individuals would not hesitate to accept this offer. However, after the surgery, the individual experiences painful side effects and ultimately must undergo subsequent surgeries to remove the defective implant. Following remedial action, the individual files suit against the manufacturer of the implant-or rather the manufacturer of the medical device-alleging multiple state common law claims for monetary compensation and punitive damages for pain and suffering. Whether courts will …
The Sherman Act And Avoiding Void-For-Vagueness, Matthew G. Sipe
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
Breaking Dichotomies At The Core Of Employment Discrimination Law, William R. Corbett
Florida State University Law Review
No abstract provided.
Self-Plagiarism, Josh Blackman
Self-Plagiarism, Josh Blackman
Florida State University Law Review
No abstract provided.
Partisan Gerrymandering And The Illusion Of Unfairness, Jacob Eisler
Partisan Gerrymandering And The Illusion Of Unfairness, Jacob Eisler
Scholarly Publications
No abstract provided.
Prophylactic Redistricting? Congress's Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley
Prophylactic Redistricting? Congress's Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley
Scholarly Publications
No abstract provided.
Just Cause For Trust: Honoring The Expectation Of Loyalty In The At-Will Employment Relationship, William Homer
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
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.
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 …
The Upsides And Downsides Of Ending Chevron Deference, Steve R. Johnson, Kristin E. Hickman, Joseph B. Judkins, Donald B. Susswein
The Upsides And Downsides Of Ending Chevron Deference, Steve R. Johnson, Kristin E. Hickman, Joseph B. Judkins, Donald B. Susswein
Scholarly Publications
No abstract provided.
Consumers, Sellers-Advisors, And The Psychology Of Trust, Kelli Alces Williams, Justin Sevier
Consumers, Sellers-Advisors, And The Psychology Of Trust, Kelli Alces Williams, Justin Sevier
Scholarly Publications
Every day, consumers ask sellers for advice. Because they do not or cannot know better, consumers rely on that advice in making financial decisions of varying significance. Sellers, motivated by strong and often conflicting self-interests, are well-positioned to lead consumers to make decisions that are profitable for sellers and may be harmful to the consumers themselves. Short of imposing fraud liability in extreme situations, the law neither protects the trust consumers place in “seller-advisors,” nor alerts them to the incentives motivating the advice that sellers give. This Article makes several contributions to the literature. First, it identifies and defines the …
Populist Constitutions, David Landau
Populist Constitutions, David Landau
Scholarly Publications
This Essay draws on recent academic definitions of populism and recent examples of its use in order to show that there is an affinity between populism and widespread constitutional change. It argues that populists use constitutional change to carry out three functions: deconstructing the old institutional order, developing a substantive project rooted in a critique of that order, and consolidating power in the hands of populists. Thus, access to the tools of constitutional change may accentuate both the promise of populism as a corrective to stagnating liberal democracies and the threat that it poses to those constitutional orders. I also …
Tiered Constitutional Design, David Landau, Rosalind Dixon
Tiered Constitutional Design, David Landau, Rosalind Dixon
Scholarly Publications
Scholarship has posited two models of constitutionalism. One is short, abstract, and rigid, like the United States Constitution. The other is lengthy, detailed, and flexible, like the constitutions found in many U.S. states and in many other countries around the world. This Article argues that there is a descriptively common and normatively attractive third model: tiered constitutional design. A tiered design aims to combine the virtues of rigidity and flexibility by creating different rules of constitutional amendment for different parts of the constitution. Most provisions are made fairly easy to change, but certain articles or principles are given higher levels …
Perfecting Procreation, Courtney Cahill
Memo To Environmentalists: Brace For The Three Ps, Erin Ryan
Memo To Environmentalists: Brace For The Three Ps, Erin Ryan
Scholarly Publications
This very short essay, written as a memo to environmental advocates during a destabilizing moment in environmental law, advises them to (1) resist federal preemption of state regulation, (2) scrutinize the strategic deployment of property rights to block future regulation, and (3) think creatively about how to accomplish the goals of national-level policy without the benefit of federal authority. In short, it advises that advocates ensure that the campaign to dismantle federal environmental law does not spill over into displacing state and local efforts to fill the void. They also must push back against the strategic deployment of property rights …
How And Why Corporations Became (And Remain) Persons Under Criminal Law, W. Robert Thomas
How And Why Corporations Became (And Remain) Persons Under Criminal Law, W. Robert Thomas
Florida State University Law Review
No abstract provided.
Let International Competition Negotiations Sleep A While Longer: Focus On Tools And Capacity, Frederick M. Abbott
Let International Competition Negotiations Sleep A While Longer: Focus On Tools And Capacity, Frederick M. Abbott
Scholarly Publications
No abstract provided.
Juliana V. United States: Debating The Fundamentals Of The Fundamental Right To A Sustainable Climate, Erin Ryan
Scholarly Publications
This article, based on a live discussion among a panel of national experts, dissects the landmark federal climate lawsuit, Juliana v. United States, 217 F. Supp. 3d 1224 (D. Or. 2016). Juliana is the flagship case in a series of legal actions brought by youth plaintiffs challenging government failures to regulate to prevent climate change. However, few have come as far as Juliana, which has so far survived motions to dismiss from both the government and fossil fuels industry, a motion for interlocutory appeal to the Ninth Circuit to dismiss the case, and even a rare petition for writ of …
Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor
Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
Loving Retroactivity, Charles W. "Rocky" Rhodes
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
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 …
Localism, Labels And Animal Welfare, Samuel R. Wiseman
Localism, Labels And Animal Welfare, Samuel R. Wiseman
Scholarly Publications
The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …
Writer Re-Written: What Really (Might Have) Happened To Atticus And Scout, Rob Atkinson
Writer Re-Written: What Really (Might Have) Happened To Atticus And Scout, Rob Atkinson
Scholarly Publications
No abstract provided.
The Misconstruction Of The Deductions For Business And Personal Casualty Losses, Jeffrey H. Kahn
The Misconstruction Of The Deductions For Business And Personal Casualty Losses, Jeffrey H. Kahn
Scholarly Publications
Losses suffered on an individual's personally used property generally are not deductible. Even after the changes made by the 2017 Tax Cuts and Jobs Act, in two circumstances an exception to this rule applies when "such losses arise from.fire, storm, shipwreck, or other casualty, or from theft." The principal issue that arises is determining the meaning of the term "other casualty." Taking what they deemed to be the common elements in the three explicitly identified casualties, the courts and the Internal Revenue Service determined that an event will qualify as an "other casualty" only if it is "sudden," "unusual," and …
Antitrust And Inequality: The Problem Of Super-Firms, Shi-Ling Hsu
Antitrust And Inequality: The Problem Of Super-Firms, Shi-Ling Hsu
Scholarly Publications
Increasing concern about economic inequality has coincided with an unsettling ascendancy of some large, technologically integrated “super-firms,” which have grabbed large market shares in multiple markets, and cast doubt upon the future viability of a wide range of businesses, many of which have been important local and regional employers. It is thus unsurprising that these two trends have knocked together in public discourse, and that antitrust law been proposed as one way of helping to remedy economic inequality. This essay notes that antitrust law is generally a poor fit for reducing economic inequality, but one aspect is worthy of note: …
A Theory Of Constructive Interpretation For Customary International Law Identification, Nadia Banteka
A Theory Of Constructive Interpretation For Customary International Law Identification, Nadia Banteka
Scholarly Publications
No abstract provided.
Plato's Pragmatic Project: A Reading Of Plato's Laws, Jacob Eisler
Plato's Pragmatic Project: A Reading Of Plato's Laws, Jacob Eisler
Scholarly Publications
No abstract provided.