Florida State University Law Review

http://ir.law.fsu.edu/lr/

List of Papers (Total 1,750)

Why the Actual Malice Test Should Be Eliminated

By John M. Kang, Published on 04/01/23

Agent Correction: Chastisement, Wellness, and Personal Ethics

By David Yosifson, Published on 04/01/23

The Supreme Court's Fragile Copyright Law

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...

Direct Listings and the Weakening of Investor Protections

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...

Avoiding Scandals through Tax Rulings Transparency

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...

Tragic Allocation Challenges in the COVID-19 Era

By Ronen Perry and Tal Z. Zarsky, Published on 07/01/22

Incremental Change in Wills Adjudication

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...

Innovation in Adversity

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...

Privity 2.0 May Be Even Better for Tort Defendants

By Anita Bernstein, Published on 07/01/22

Tragic Allocation Challenges in the COVID-19 Era

By Ronen Perry and Tal Z. Zarsky, Published on 07/01/22

Incremental Change in Wills Adjudication

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...

Innovation in Adversity

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...

Privity 2.0 May Be Even Better for Tort Defendants

By Anita Bernstein, Published on 07/01/22

#WeToo

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...

Previvors

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...

A Global Constitutional Crisis

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...

Judicial Protection of Medical Liberty

By Deana Pollard Sacks, Published on 04/01/22

Impeaching Legal Ethics

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...

A Portfolio Approach to Policymaking Uncertainty

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...