Law Commons^™

Any (Reasonable) Doubt: Evaluating A Criminal Defendant's Motion To Strike A Hearing-Impaired Juror For Cause, Elisabeth Avilla

Florida State University Law Review

No abstract provided.

Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lydia L. Butler

Florida State University Law Review

No abstract provided.

Liquid Business, Vanessa C. Perez

Florida State University Law Review

No abstract provided.

In Appreciation: Talbot "Sandy" D'Alemberte, Charles W. Ehrhardt

Florida State University Law Review

No abstract provided.

An Untapped “Arsenal Of Power”: The Elections Clause, A Federal Election Administration Agency, And Federal Election Oversight, Zachary Newkirk

Florida State University Law Review

No abstract provided.

The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arnow-Richman, Daniel D. Banhizer, Scott J. Burnham, 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 Future Of Lower-Income Students In Higher Education: Rethinking The Pell Program And Federal Tax Incentives, Camilla E. Watson

Florida State University Law Review

As the costs of higher education have soared, the value of Pell Grants has declined, making it more difficult for lower-income students to obtain an education without being hopelessly mired in debt. This Article proposes a new system of federal funding for higher education that would require a redirection of a portion of the funds from the Pell program and a reformation of the federal tax incentives for higher education to provide free community college/vocational school for lower- and middle-income students, without the need to raise additional taxes. This Article also addresses problems that such a proposal would raise, such …

"You'll Lol @ This Tweet": Copyright Protection For Hashtag Gamers, Alan Lacerra

Florida State University Law Review

Hashtag games combine the fun of quick, incongruous exchanges with the work of creative expression and do so online through microblogging, predominantly (if not exclusively) on Twitter. Currently, hashtag-game participants face two main obstacles to copyright protection for their fun expressions: the expressions' brevity and Twitter's terms of service. To protect the copyrights that Internet users acquire by participating in hashtag games, courts should focus on the creativity rather than the brevity of the resulting expressions. Furthermore, Congress should amend the Digital Millennium Copyright Act (DMCA) to prevent Internet service providers, like Twitter, from encroaching on users' rights through broad …

The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams

Florida State University Law Review

Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …

Online Arbitration As A Remedy For Crowdfunding Fraud, C. Steven Bradford

Florida State University Law Review

It is now legal to sell securities to the general public in unregistered, crowdfunded offerings. But offerings pursuant to the new federal crowdfunding exemption pose a serious risk of fraud. The buyers will be mostly small, unsophisticated investors, the issuers will be mostly small startups about whom little is known, and crowdfunded offerings lack some of the protections available in registered offerings. Some of the requirements of the exemption may reduce the incidence of fraud, but there will undoubtedly be fraudulent offerings. An effective antifraud remedy is needed to compensate investors and help deter wrongdoers. But because of the small …

The Takings Keepings Clause: An Analysis Of Framing Effects From Labelling Constitutional Rights, Donald J. Kochan

Florida State University Law Review

Did you know that the "Takings Clause" was not called the "Takings Clause" by any court before 1955? That was the first time that any court of any jurisdiction referred to the provisions regarding takings of private property in either the federal or state constitutions under the label "Takings Clause." Did you know that justices of the U.S. Supreme Court did not use the moniker "Takings Clause" in any opinion before 1978? Given this history, the phrase "Takings Clause," whether an apt descriptor or not, certainly cannot be justified as the dominant way to refer to these provisions by contemporaneous …

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

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

Florida State University Law Review

No abstract provided.

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 …

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

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

Florida State University Law Review

No abstract provided.

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

Florida State University Law Review

No abstract provided.

Self-Plagiarism, Josh Blackman

Florida State University Law Review

No abstract provided.

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 …

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

Florida State University Law Review

No abstract provided.

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

Florida State University Law Review

No abstract provided.

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

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 …

The Problem With Inference And Juvenile Defendants, Jenny E. Carroll

Florida State University Law Review

Much of criminal law relies on proof by inference. The value of evidence frequently lies in what it suggests as much as what it shows. An outstretched hand in a dark alley is either an illicit drug deal or a handshake; a semi-coherent moan is either encouragement of, or resistance to, a sexual advance; shouted words to "fuck up" a school principal could be either a promise of harm to come or meaningless bravado. In criminal law, fact finders untangle not only what happened, but why it happened, or perhaps more accurately, what the defendant's state of mind was when …

Prosecuting Members Of Isis For Destruction Of Cultural Property, Cody Corliss

Florida State University Law Review

This Article examines the potential for war-crime charges against members of ISIS for “culture crimes” in Syria and Iraq, specifically for group members’ participation in the intentional destruction of cultural and historic sites in the Middle East. This Article begins by tracing the history of legal efforts to protect cultural property and the recent developments in international law that have transformed “culture crimes” into chargeable war crimes. After examining the history of legal efforts to protect property, this Article turns its focus to ISIS and the group’s role in destroying cultural property that it deems antithetical to its brand of …

Unequal Law, Unequal Burden: The All-Male Selective Service Act, Civilian Rights, And The Limits Of Military Deference In Modern Supreme Court Jurisprudence, Amy Mccarthy

Florida State University Law Review

No abstract provided.

Communitarianism And The Roberts Court, Robert M. Ackerman

Florida State University Law Review

In this Article, Professor Ackerman examines the work of the Roberts Court through a communitarian lens. Communitarians strive for a reasonable balance between individual rights and the collective good. They believe that even in a rights-conscious society, rights have limits, and involve responsibilities. And so, communitarians will often consider whether the Supreme Court has struck a proper balance between individual liberty and the public interest.

But communitarian theory has other, multidimensional aspects. Communitarians view people as social animals, who are not mere autonomous agents with nobody to care about but themselves. They therefore see the value not only of large-scale …

Guardians Of The Galaxy Of Personal Data: Assessing The Threat Of Big Data And Examining Potential Corporate And Governmental Solutions, Timothy A. Asta

Florida State University Law Review

No abstract provided.

Typology Of Public-Private Equity, Sung Eun (Summer) Kim

Florida State University Law Review

Private equity, which pools funds for investment in private businesses, is one of the largest and fastest growing investment opportunities in the markets today. Private equity traditionally sought investments exclusively from sophisticated investors such as high net worth individuals and institutional investors. More recently, however, a growing number of private equity businesses have gone public and opened their doors to public investors, who are drawn to these investments because of the possibility of high returns and the opportunity to diversify their investment portfolios. In this Article, I review the universe of public-private equity (or PPE) businesses that are traded on …