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Articles 31 - 60 of 1574
Full-Text Articles in Law
Impeaching Legal Ethics, Bruce A. Green, Rebecca Roiphe
Impeaching Legal Ethics, Bruce A. Green, Rebecca Roiphe
Florida State University Law Review
In the investigations, hearings, and aftermath of President Trump's first impeachment, lawyer-commentators invoked the rules of professional conduct to criticize the government lawyers involved. To a large extent, these commentators mischaracterized or misapplied the rules. Although these commentators often presented themselves to the public as neutral experts, they were engaged in political advocacy, using the rules, as private litigators often do, as a strategic weapon against an adversary in the court of public opinion. For example, commentators on the left wrongly conveyed that, under the rules, government lawyers had a responsibility to the public to voluntarily assist in the impeachment, …
The Color Of Property And Auto Insurance: Time For Change, Jennifer Wriggins
The Color Of Property And Auto Insurance: Time For Change, Jennifer Wriggins
Florida State University Law Review
Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. The time therefore is ripe for examining insurance as it relates to race' and racism, including history and current regulation. Two of the most important types of personal insurance are property and automobile. Part I begins with history, focusing on property insurance, auto insurance, race, and racism in urban areas around the mid-twentieth century. Private insurers deemed large areas of cities where African Americans lived to be "blighted" and refused to insure all …
Explaining Florida Man, Ira P. Robbins
Explaining Florida Man, Ira P. Robbins
Florida State University Law Review
"Tlorida Man" is a popular cultural phenomenon in which journalists report on Floridians' unusual (and often criminal) behavior, and readers relish in and share the stories, largely on social media. A meme based on Florida Man news stories emerged in 2013 and continues to capture people's attention nationwide. Florida Man is one of the latest unique trends to come from the Sunshine State and contributes to Florida's reputation as a quirky place. Explanations for Florida Man center on Florida's Public Records Law, which is known as one of the most expansive open records laws in the country. All states and …
Taboo Transactions: Selling Athlete Biometric Data, John T. Holden, Kimberly A. Houser
Taboo Transactions: Selling Athlete Biometric Data, John T. Holden, Kimberly A. Houser
Florida State University Law Review
As consumers begin to realize the extent to which their biometric and health data are being tracked through wearable devices, new privacy concerns have arisen. These concerns are more than hypothetical as the unregulated sharing and disclosure of biometric and health data may have serious repercussions. This is especially true for the athletes whose data is tracked with precision and where a lucrative market of multiple parties anxious to obtain this data already exists. The ownership and use of this data have become an incredibly complex issue, as sports leagues, teams, and the device makers wrangle over how this data …
Arming Goliath: Independent Craft Beer Is In Jeopardy At The Intersection Of A First Amendment Circuit Split, The Twenty-First Amendment, And The Erosion Of Tied-House Laws, Daniel J. Croxall
Florida State University Law Review
No abstract provided.
Cbd And Gluten-Free: Compliance Challenges And Regulatory Action In New Areas Of Food And Drug Law, Christine Abely
Cbd And Gluten-Free: Compliance Challenges And Regulatory Action In New Areas Of Food And Drug Law, Christine Abely
Florida State University Law Review
This Article examines the challenges of regulating new areas of food and drug law and promoting industry compliance by considering two case studies: the U.S. regulation of cannabidiol (CBD) products and that of gluten-free items. Gluten-free claims on packaged foods have been subject to a set of U.S. Food and Drug Administ ration rules since those rules became effective in 2014. This new regulatory standard has improved the ability of consumers who need to rely on gluten-free labeling for health reasons to do so. Some concerns remain, however, about the mislabeling of foods that legally cannot be termed as gluten-free …
The Fourth Amendment And The Dangerous Fiction Of "Implied Consent", Christian Talley
The Fourth Amendment And The Dangerous Fiction Of "Implied Consent", Christian Talley
Florida State University Law Review
When the police obtain an individual's consent, they may conduct searches or seizures that the Fourth Amendment would otherwise prohibit. Consent is thus a powerful exception to that Amendment's guarantees of liberty and privacy. But consent is also fragile. Determining whether someone consented to a contested intrusion requires a sensitive review of that transaction's particular facts-what the Supreme Court has termed "the totality of the circumstances. "An irreconcilable notion of consent, however, has long persisted in state statutes and has recently surfaced in two cases at the Supreme Court: so-called "implied consent." Unlike real consent-a historical fact to be deduced …
The Ongoing Issue Of Cyber Insecurity: Why Cyber Insurance Should Be Mandatory For Consumer Companies, Allyson Patterson
The Ongoing Issue Of Cyber Insecurity: Why Cyber Insurance Should Be Mandatory For Consumer Companies, Allyson Patterson
Florida State University Law Review
No abstract provided.
Cops In Scrubs, Ji Seon Song
Cops In Scrubs, Ji Seon Song
Florida State University Law Review
An encounter with police often involves more than just the police officer and the individual person. This Article highlights one particular actor integral to police investigations: the medical professional. Medical professionals, whether they be physicians, nurses, nurse practitioners, or other healthcare providers, become part of investigations in many ways. They notify police of crimes. They facilitate police questioning. They provide information gleaned from patient conversations, patient belongings, and their bodies. _The intertwined relationship between medical professionals and law enforcement is embedded in the legal and regulatory framework. A constellation of laws directs medical professionals to cooperate with law enforcement with …
Cross-Plan Offsetting: Efficient Or Unethical?, Natalie Macaire King
Cross-Plan Offsetting: Efficient Or Unethical?, Natalie Macaire King
Florida State University Law Review
No abstract provided.
Litigation Sanctions Against Lawyers And Due Process, Douglas R. Richmond
Litigation Sanctions Against Lawyers And Due Process, Douglas R. Richmond
Florida State University Law Review
No abstract provided.
Privacy's "Three Mile Island" And The Need To Protect Political Privacy In Private-Law Contexts, Raymond H. Brescia
Privacy's "Three Mile Island" And The Need To Protect Political Privacy In Private-Law Contexts, Raymond H. Brescia
Florida State University Law Review
When it was revealed that Cambridge Analytica obtained the personal and private information of eighty-seven million Facebook users to aid the 2016 U.S. presidential campaign of Donald J. Trump, it was described as privacy's "Three Mile Island": an event, like the famed nuclear accident from which the term comes, that would shake and shape an industry and its approach to digital privacy and the underlying political information such privacy protects. In the intervening four years, despite these revelations, while some social media companies took voluntary measures to prevent a repeat of the types of abuses that plagued the 2016 election, …
Negligent Innovation, Oskar Liivak
Negligent Innovation, Oskar Liivak
Florida State University Law Review
Innovation is the buzzword of our time. Everyone wants to be an innovator. Corporations strive to be innovative. All this hype is good. Technological innovation is accepted as the single most important driver of economic growth. We should be obsessed with innovation. As such, it is not at all surprising that innovation and technological commercialization lie at the heart of justifications for the patent system. But there is something quite odd about these theories and indeed with our patent system: they never actually require innovation. A patentee is not obligated to take on the risky work of development and commercialization. …
Negligent Innovation, Oskar Liivak
Negligent Innovation, Oskar Liivak
Florida State University Law Review
Innovation is the buzzword of our time. Everyone wants to be an innovator. Corporations strive to be innovative. All this hype is good. Technological innovation is accepted as the single most important driver of economic growth. We should be obsessed with innovation. As such, it is not at all surprising that innovation and technological commercialization lie at the heart of justifications for the patent system. But there is something quite odd about these theories and indeed with our patent system: they never actually require innovation. A patentee is not obligated to take on the risky work of development and commercialization. …
Uncertain Risk, Science Experiments, And The Courts, Eric E. Johnson
Uncertain Risk, Science Experiments, And The Courts, Eric E. Johnson
Florida State University Law Review
Legal scholarship has looked at problems of uncertainty- "unknown unknowns"-in a variety of contexts, from financial regulation to national security. This Article, however, focuses on uncertain risk in what may be its most challenging arena: experimental scientific research. Notably, this context imposes a key conceptual hurdle. In other arenas, law and regulation can work to lessen uncertainty. But with science-experiment risk, uncertainty cannot be sidestepped, since going beyond the current state of human knowledge is the whole point of experimental research. Moreover, scienceexperiment risk involves the highest possible stakes, since future experiments could plausibly lead to global catastrophe, even human …
University Use Of Big Data Surveillance And Student Privacy, Machaella Reisman
University Use Of Big Data Surveillance And Student Privacy, Machaella Reisman
Florida State University Law Review
out new ways to diversify revenues. Concurrently, universities are struggling with losing students after their freshman year. Using student data and data analytics to predict which students are at risk of dropping out seems like an easy solution to the problem. Once identified through data mining, universities can target these at-risk students to retain them. In doing so, the university ensures it does not lose tuition from those at-risk students. However, universities fail to consider the privacy concerns that arise by bringing big data to college campuses. Student autonomy and student choice suffer from the use of big data at …
Targeted Transparency As Regulation, Margaret Kwoka, Bridget Dupey
Targeted Transparency As Regulation, Margaret Kwoka, Bridget Dupey
Florida State University Law Review
Traditional government transparency tools are coming under increasing criticism. Laws like the Freedom of Information Act, once thought to revolutionize democracy by opening up government for all to see, have proven to be relatively rough tools (at best) in accomplishing accountability. While the democratic ideals are still celebrated, the increasing costs of broad open-the-government style laws-both monetary and nonmonetary-have not gone unnoticed. Meanwhile, in the regulatory landscape for private companies, targeted disclosure requirements have become increasingly popular methods of encouraging all manner of socially beneficial behavior, be it curbing pollution, making safer consumer products, or ensuring anti-discrimination. Across a wide …
Is Labor Arbitration Lawless?, Ariana R. Levinson, Erin O'Hara O'Connor, Paige Marta Skiba
Is Labor Arbitration Lawless?, Ariana R. Levinson, Erin O'Hara O'Connor, Paige Marta Skiba
Florida State University Law Review
Labor arbitration is often viewed as a more peaceful, productive, and private alternative to workplace strikes and violence. On the other hand, statutory laws are intended to protect all workers, and contract law default rules and rules of interpretation often serve a protective role that could be harmful if ignored in this private dispute resolution setting. To provide more insight into how arbitrators decide labor disputes, we utilize our newly crafted data set of hundreds of labor arbitrationa wards spanninga decade. Unlike prior datas ets, our data are more inclusive: they include both published and unpublished awards as well as …
The Case Against Tax Subsidies In Innovation Policy, Charles J. Delmotte
The Case Against Tax Subsidies In Innovation Policy, Charles J. Delmotte
Florida State University Law Review
Until recently, intellectual property (IP) scholars agreed that patents were the prime innovation tool to aggregate decentralized information. This case for the property approach, which argues patents are appropriate when information about possible inventions and the social value of inventions are hidden, is now also under pressure in the literature. IP scholars argue that tax subsidies for firms that invest in research and development (R&D) replicate many of the merits of the patent system under conditions of asymmetric information. Based on developments in institutional economics, this Article shows that tax subsidies are not market-set incentives and are not optimal tools …
Algorithmic Fairness, Algorithmic Discrimination, Thomas B. Nachbar
Algorithmic Fairness, Algorithmic Discrimination, Thomas B. Nachbar
Florida State University Law Review
There has been an explosion of concern about the use of computers to make decisions affecting humans, from hiring to lending approvals to setting prison terms. Many have pointed out that using computer programs to make these decisions may result in the propagation of biases or otherwise lead to undesirable outcomes. Many have called for increased transparency and others have called for algorithms to be tuned to produce more racially balanced outcomes. Attention to the problem is likely to grow as computers make increasingly important and sophisticated decisions in our daily lives. Drawing on both the computer science and legal …
The Impact Of Autonomous Vehicles On Urban Land Use Patterns, Gregory M. Stein
The Impact Of Autonomous Vehicles On Urban Land Use Patterns, Gregory M. Stein
Florida State University Law Review
Autonomous vehicles are coming. The only questions are how quickly they will arrive, how we will manage the years when they share the road with conventional vehicles, and how the legal system will address the issues they raise. This Article examines the impact the autonomous vehicle revolution will have on urban land use patterns. Autonomous vehicles will transform the use of land and the law governing that valuable land. Automobiles will drop passengers off and then drive themselves to remote parking areas, reducing the need for downtown parking. These vehicles will create the need for substantial changes in roadway design. …
The Conflict Between The Religious Freedom Restoration Act And Title Vii Of The Civil Rights Act Of 1964, Sara K. Finnigan
The Conflict Between The Religious Freedom Restoration Act And Title Vii Of The Civil Rights Act Of 1964, Sara K. Finnigan
Florida State University Law Review
No abstract provided.
Privacy Injuries And Article Iii Concreteness, Peter C. Ormerod
Privacy Injuries And Article Iii Concreteness, Peter C. Ormerod
Florida State University Law Review
The Supreme Court's 2016 decision in Spokeo, Inc. v. Robins requires federal courts to investigate the "concreteness" of a plaintiff's injury, even after Congress has recognized the injury by statute. Spokeo's concreteness discussion is a confusing mixture of several distinct considerations, and there is little rhyme or reason to how the lower courts have interpreted and applied Spokeo to other statutorily authorized injuries. This Article identifies four distinct informational injuries in the Court's past cases: injuries arising from the withholding, acquiring, using, and disseminating of information. To avoid Spokeo's mistakes, federal courts should give binding deference to Congress's decision to …
Companies As Commodities, Danielle D'Onfro
Companies As Commodities, Danielle D'Onfro
Florida State University Law Review
Like copper, corn, or crude oil, companies increasingly trade like commodities. Some investors-certain holders of debt, activist shareholders, and controlling shareholders, especially private equity funds-are focused solely on returns. In practice, this means that they care about the fate of the companies in which they invest no more than they care about the fate of any tonne of copper, bushel of corn, or oil barrel they happen to trade. These investors are so immune to reputational concerns that they will even prefer that the companies in which they invest fail if failure maximizes their return on investment. This Article identifies …
Weaponizing The Ballot, Derek T. Muller
Weaponizing The Ballot, Derek T. Muller
Florida State University Law Review
State legislatures are considering passing laws to prevent presidential candidates from appearing on the ballot if they fail to disclose their tax returns. These proposals exceed the states' power under the Elections Clause and the Presidential Electors Clause. States have no power to add qualifications to presidential or congressional candidates. But states do have constitutional authority to regulate the manner of holding elections and to direct the manner of appointing presidential electors. "Manner" regulations that relate to the ballot are those that affect the integrity and reliability of the electoral process itself or that require a preliminary showing of substantial …
Talbot ("Sandy") D'Alemberte's Remarkable Impact On The World Stage, Mark S. Ellis
Talbot ("Sandy") D'Alemberte's Remarkable Impact On The World Stage, Mark S. Ellis
Florida State University Law Review
No abstract provided.
Sandy Liked To Start At The Top, Thomas R. Julin
Sandy Liked To Start At The Top, Thomas R. Julin
Florida State University Law Review
No abstract provided.
The Devil In The Detail: Mitigating The Constitutional & Rule Of Law Risks Associated With The Use Of Artificial Intelligence In The Legal Domain, Catrina Denvir, Tristan Fletcher, Jonathan Hay, Pascoe Pleasence
The Devil In The Detail: Mitigating The Constitutional & Rule Of Law Risks Associated With The Use Of Artificial Intelligence In The Legal Domain, Catrina Denvir, Tristan Fletcher, Jonathan Hay, Pascoe Pleasence
Florida State University Law Review
No abstract provided.
Tribute By Justice John Paul Stevens (Ret.) In Honor Of Talbot "Sandy" D’Alemberte, John Paul Stevens
Tribute By Justice John Paul Stevens (Ret.) In Honor Of Talbot "Sandy" D’Alemberte, John Paul Stevens
Florida State University Law Review
No abstract provided.
A Toast To Our Own Giant Of The Law, Stephen R. Senn
A Toast To Our Own Giant Of The Law, Stephen R. Senn
Florida State University Law Review
No abstract provided.