All Articles tagged Federal Courts

• Articles
  January 01, 2023 EDT
  Fair Notice, the Rule of Law, and Reforming Qualified Immunity
  Nathan S. Chapman

  After a series of highly publicized incidents of police violence, a growing number of courts, scholars, and politicians have demanded the abolition of qualified immunity. The doctrine requires courts to...

  Abstract
• Articles
  January 01, 2023 EDT
  The New Pornography Wars
  Julie Dahlstrom

  The world’s largest online pornography conglomerate, MindGeek, has come under fire for the publishing of “rape videos,” child pornography, and nonconsensual pornography on its website, Pornhub. In response, as in...

  Abstract
• Articles
  January 01, 2022 EDT
  Plurality Decisions and the Ambiguity of Precedential Authority
  Ryan C. Williams

  The Supreme Court sometimes decides cases without reaching a majority-supported agreement on a rule that explains the outcome. Determining the precedential effect of such plurality decisions is a task that...

  Abstract
• Articles
  July 01, 2021 EDT
  Modernizing Capacity Doctrine
  Lisa Martin

  Federal capacity doctrine—or the rules establishing whether and how children’s civil litigation proceeds—has largely remained the same for more than a century. It continues to presume that all children are...

  Abstract
• Florida Law Review Forum
  January 01, 2021 EDT
  Restoring Federal Takings Claims
  Shelley Ross Saxer

  Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. As Professors Sterk and Pollack noted, “many have cheered” the United States...

  Abstract
• Florida Law Review Forum
  January 01, 2012 EDT
  Magic Words and the Erie Doctrine
  Adam Steinman

  Response to Sergio Campos, Erie as a Choice of Defaults It has been seventy-five years since the Supreme Court decided Erie Railroad Co. v. Tompkins. Erie now claims paternity over...

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