Law Commons^™

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. …

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

Florida State University Law Review

No abstract provided.

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

Florida State University Law Review

No abstract provided.

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

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 …

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.

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 …

Artificial Intelligence Inventions, Haochen Sun

Florida State University Law Review

In the new technological era, artificial intelligence (AI) reigns supreme. With the assistance of AI systems, society is undergoing a radical transformation. AI may not only soon replace human labor in many industrial sectors, but as AI gains the power to generate greater inventions, it may also outsmart human inventors. How should patent law and policy adapt to the formidable challenges of the AI era? One of these challenges, addressed by patent offices and courts in 2020 and beyond, is whether AI inventorship should be recognized. The United States Patent and Trademark Office and European Patent Office declined to recognize …

Affirmatively Resisting, Ezra Rosser

Florida State University Law Review

This Article argues that administrative processes, in particular rulemaking's notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which localities, states, public housing authorities, and fair housing nonprofits resisted the Trump Administration's efforts to roll back federal fair housing enforcement, this Article shows how uncooperative federalism works in practice. Despite the fact that the 1968 Fair Housing Act requires that the federal government affirmatively further fair housing (AFFH), the requirement was largely ignored …

Adult Supervision? Appellate Review, Mandamus, And The Federal Rules In Multidistrict Litigation, Andrew Bradt, Calen Bennett

Florida State University Law Review

When a disaster of nationwide importance is dropped into the lap of a single federal judge as a multidistrict litigation (MDL), we expect a lot. The judge is supposed to efficiently manage the litigation as a massive aggregate, perhaps toward a workable resolution, while also still treating the cases transferred to the MDL as individual entities, respecting the rights and interests of the parties on both sides of the v. Doing so is a constant balancing act. Typically, and appropriately in our view, the MDL judge should be the one striking that balance day to day-with very limited interference. Indeed, …

Students, Threat, Race, And Police: An Empirical Study, Jason P. Nance, Michael Heise

Florida State University Law Review

The presence of law enforcement officers in schools is more pronounced today than ever before, altering the educational experiences of students nationwide. Although the benefits of having police in schools are unclear, the legal and policy implications flowing into students' lives are more established. Empirical studies repeatedly have documented a strong connection between regular police contact with schools and the increased rate at which school officials report students to law enforcement for committing various offenses, including lower-level offenses that arguably could be handled internally. This Article provides the first in-depth empirical study of data spanning a decade that identifies characteristics …

Incremental Change In Wills Adjudication, Mark Glover

Florida State University Law Review

Probate courts must decide which wills are valid and which are not. The traditional law provides courts a straightforward process to make these decisions. If the court determines that a will complies with certain formalities, then the will is valid, but if the court determines that a will does not comply, then it is invalid. This decisionmaking process has been criticized for being overly formalistic. While the traditional law is relatively easy to apply, it places greater importance on the process by which a testator executes a will than on the substance of the testator's intent. Consequently, the traditional wills …

Privity 2.0 May Be Even Better For Tort Defendants, Anita Bernstein

Florida State University Law Review

No abstract provided.

Innovation In Adversity, Clark D. Asay, Stephanie Plamondon Bair

Florida State University Law Review

Adverse experiences, like long-term poverty, can inhibit innovation. But as much research and many real-world examples show, adversity can also stimulate innovation. Indeed, the COVID-19 pandemic provides a number of recent examples where adverse conditions have led individuals, firms, and governments to innovate in the hope of benefiting society. Despite the fact that some forms of adversity undermine innovation while others stimulate it, legal scholars have largely failed to distinguish between the two forms or even account for adversity's relationship to innovation when assessing innovation law and policy, including intellectual property (IP) laws. Yet given adversity's significant role in affecting …

What's In A Name: Understanding Copyright Management Information Notes, Marissa Truskowski

Florida State University Law Review

No abstract provided.

What's In A Name: Understanding Copyright Management Information Notes, Marissa Truskowski

Florida State University Law Review

No abstract provided.

Tragic Allocation Challenges In The Covid-19 Era, Ronen Perry, Tal Z. Zarsky

Florida State University Law Review

No abstract provided.

Innovation In Adversity, Clark D. Asay, Stephanie Plamondon Bair

Florida State University Law Review

Adverse experiences, like long-term poverty, can inhibit innovation. But as much research and many real-world examples show, adversity can also stimulate innovation. Indeed, the COVID-19 pandemic provides a number of recent examples where adverse conditions have led individuals, firms, and governments to innovate in the hope of benefiting society. Despite the fact that some forms of adversity undermine innovation while others stimulate it, legal scholars have largely failed to distinguish between the two forms or even account for adversity's relationship to innovation when assessing innovation law and policy, including intellectual property (IP) laws. Yet given adversity's significant role in affecting …

Tragic Allocation Challenges In The Covid-19 Era, Ronen Perry, Tal Z. Zarsky

Florida State University Law Review

No abstract provided.

Privity 2.0 May Be Even Better For Tort Defendants, Anita Bernstein

Florida State University Law Review

No abstract provided.

Incremental Change In Wills Adjudication, Mark Glover

Florida State University Law Review

Probate courts must decide which wills are valid and which are not. The traditional law provides courts a straightforward process to make these decisions. If the court determines that a will complies with certain formalities, then the will is valid, but if the court determines that a will does not comply, then it is invalid. This decisionmaking process has been criticized for being overly formalistic. While the traditional law is relatively easy to apply, it places greater importance on the process by which a testator executes a will than on the substance of the testator's intent. Consequently, the traditional wills …

Judicial Protection Of Medical Liberty, Deana Pollard Sacks

Florida State University Law Review

No abstract provided.

Previvors, Valerie Gutmann Koch

Florida State University Law Review

Individuals who are not yet sick, but who have a genetic predisposition to disease, often identify as "previvors'" a combination of the terms "predisposition" and "survivor." The previvor experience challenges many of the traditional expectations related to the provision of medical care and individual decision making. This article is the first to define the term '`previvor" for the legal literature and the first to examine the role of law in previvor decision making. In essence, this project uses previvorship as a case study to demonstrate how the practice of medicine and medical decision making is evolving to render current law …

A Global Constitutional Crisis, Sungjoon Cho

Florida State University Law Review

Justice, justice thou shalt pursue. The Trump administration has recently pushed the World Trade Organization (WTO) into a crisis by gutting its court and waging trade wars. Conventional narratives on this crisis have been state-centered as they ascribe origins of the crisis to domestic politics in key WTO members, especially the United States. This Article divulges both analytical and normative blind spots left by these narratives. This Article, in a Copernican turn, submits a system-driven alternative, in terms of the "World Trade Constitution" (WTC), which generates rich insights in both diagnosing and prescribing the crisis. The WTC, for the purpose …

#Wetoo, Kimberly Kessler Ferzan

Florida State University Law Review

Content Advisory: This article discusses sexual violence in detail. The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. 'Me Too" was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm, they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were …

Florida's Removal Of Safeguards For Defendants On Death-Row: Comparative Proportionality Review, Loana Nardoni

Florida State University Law Review

No abstract provided.

Corporate Governance Guidelines: How To Improve Disclosure And Promote Better Corporate Governance In Public Companies, Jennifer O'Hare

Florida State University Law Review

If you are a shareholder of a public corporation, you may think it would be easy to find basic information about your shareholder rights, such as whether shareholders have the right to call special stockholder meetings. You would probably assume that the information would be disclosed in the company's "Corporate Governance Guidelines," (CGGs) which, according to a New York Stock Exchange (NYSE) rule, must be posted on the company's website for shareholder review. But, as this article shows, companies are not required to disclose information about shareholder rights in their corporate governance guidelines, and most companies have chosen not to …

A Portfolio Approach To Policymaking Uncertainty, Matthew C. Turk

Florida State University Law Review

This article examines a basic dilemma that appears across nearly all areas of the law: what is the appropriate regulatory response to uncertainty in the policymaking environment, where the costs, benefits, and other consequences of any particular legal intervention are difficult to predict, and often equally difficult to measure after the fact? Although a vast theoretical literature addresses that question, the existing scholarship almost uniformly seeks to identify a single policy rule or procedure that is most robust to uncertainty. This article takes a fundamentally different approach. By drawing on the leading theory of financial investment under uncertainty-Modern Portfolio Theory-it …