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In his article, The Will As An Implied Unilateral Arbitration Contract, Professor Gary Spitko offers an intriguing and innovative argument about how arbitration provisions in wills can be enforced even...
Florida Law Review Forum
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In The Will As An Implied Unilateral Arbitration Contract, Professor E. Gary Spitko argues that there is an implied unilateral contract between the government and individual property owners. He claims...
- Florida Law Review Forum
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In The Second Amendment Right to Be Negligent, Professor Andrew McClurg astutely observes that current law provides the constitutional right to be negligent in two important realms. He first notes... - Florida Law Review Forum
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I read Professor Gary Spitko’s article entitled The Will As an Implied Unilateral Arbitration Contract with great interest. Professor Spitko’s proposal to characterize a will as an implied unilateral contract... - Florida Law Review ForumProfessor Matthew Lindsay, in his latest article on immigration law, adds meaningfully to the existing body of scholarship. He analyzes a fundamental question that immigration law scholars have long prodded...
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Gun violence is a major American public health problem. In the most recent decade for which there are good data (2005-2014), on an average day in the United States, over...
Professor Andrew McClurg has written interestingly about what he calls the “Second Amendment right to be negligent,” under which, he says, gun owners, sellers, and manufacturers escape liability for guns...
Florida Law Review Forum
Professor Matthew J. Lindsay’s excellent article Disaggregating “Immigration Law” arrives at a pivotal moment in the evolution of American immigration law. My understanding of this moment is thus: A majority...
Florida Law Review Forum
The American law of succession is remarkable both for its expansive concept of testamentary freedom and for its antiquated and cumbersome probate system. In principle, a testator enjoys virtually unlimited...
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In his recent article, Antitrust and Information Technology, Professor Hovenkamp addresses some of the most important issues involving antitrust. In particular, he addresses the issues of market power, consumer choice... - Florida Law Review ForumProfessor Andrew Jay McClurg maintains that the Second Amendment has created a right to store firearms negligently. It is conceivable that some such thing could happen, just as the Supreme...
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In An Intentional Tort Theory of Patents, Professor Vishnubhakat makes two arguments. First, that liability for patent infringement should only be imposed upon defendants who intentionally make, use, or sell,... - Florida Law Review ForumI have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate...
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Professor McClurg’s thesis is that courts and Congress have either ignored, misapplied, or overridden general tort principles of duty and proximate cause to insulate from civil liability those who negligently... - Florida Law Review Forum
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In his recent provocative article addressing gun violence and the negligence of gun owners and gun sellers, Professor Andrew McClurg asserts the failure of courts and legislatures to invoke traditional...