Collusion to Control a Powerful Customer: Amazon, E-Books, and Antitrust Policy



BY JOHN B. KIRKWOOD, 69 U. Miami L. Rev. 1 (2014). Introduction: Few recent antitrust cases have generated as much interest—and controversy—as “the e-books case.” It involved five leading publishers, two of America’s best known high-tech firms (Apple and Amazon), and a secret conspiracy, fueled by Steve Jobs himself, to force Amazon to charge higher prices. […]






The Politics of Food: Our Nation’s First Soda Tax and its Potential Impact Locally



BY ELLINA BERDICHEVSKY — In November 2014, 75% of voters in Berkeley, California, succeeded in supporting the nation’s first tax on soda. The tax was in the amount of a penny per ounce, or about twelve cents a can, with all tax proceeds going into the city of Berkeley’s general fund. Local Florida news reporters […]



Florida’s Direct File Law: How State Attorneys Hold Too Much Power



BY KEVIN HUGUELET — If recent history is indicative of future results, then this year Florida’s prosecutors will transfer juveniles into adult court at a higher rate than any other state in the Nation. From 2008 to 2012, over 12,000 Florida children—some as young as 12 years old—were transferred into adult courts. Florida law authorizes […]



SUPER HEROES and THE SUPREME COURT: Marvel Settlement Leaves Questions of Artists’ Rights Unanswered



BY KATHERINE BRENNAN — On September 26, 2014, the Estate of Jack Kirby and Marvel Characters, Inc. announced that the two parties had settled a longstanding legal dispute over Kirby’s rights to the characters that he created or co-created while working as a freelance artist for Marvel between 1958 and 1963. The parties announced the […]



Right to Religious Freedom in the Workplace: U.S. Supreme Court to Decide Whether Abercrombie Violated Title VII by Refusing to Hire Muslim Woman with Headscarf



BY CAROLINE MCGEE — The Roberts Court has made headlines in recent years for its controversial decisions involving the right to religious freedom. The docket for the October 2014 term indicates that the Court remains intent on resolving disputes surrounding this fundamental First Amendment right. In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, […]



Action Through Inaction: The Supreme Court’s Declination to Hear Recent Same-sex Marriage Appeals



BY CLAIRE HOWE — At the beginning of its October 2014 term, the Supreme Court released orders declining to review seven petitions based on state laws that banned same-sex marriage in five states. The states directly affected include Indiana, Oklahoma, Wisconsin, Utah, and Virginia. In declining to hear the cases, the Supreme Court effectively affirmed […]



Brenner v. Scott: Will the Eleventh Circuit Rule for Marriage Equality or Not?



BY ALIX COHEN — On August 21, 2014, the U.S. District Court for the Northern District of Florida declared Florida’s same-sex marriage ban unconstitutional in Brenner v. Scott. Now, three Florida officials are appealing the case to the U.S. Court of Appeals for the Eleventh Circuit. The Eleventh Circuit should affirm Brenner’s holding because Florida’s […]



Kain Colter Wins the First Quarter



BY STEVEN L. WILLBORN – Kain Colter won the first quarter. Colter, a quarterback, is trying to unionize the Northwestern football team. A Regional Director of the National Labor Relations Board (“Board”) recently determined that Colter was an “employee” under the National Labor Relations Act (“NLRA”) and ordered an election to determine if the team wants […]



Winning a Seat at the Table: A Multi-Faceted Approach to Latino Political Representation in Orlando



BY STEVEN STRICKLAND – Professor Louis Rulli’s law review article, On the Road to Civil Gideon, asks what method civil rights advocates should use to establish a right to counsel in certain civil proceedings. The “Civil Gideon” campaign for a civil right to counsel draws its name from Gideon v. Wainwright, the landmark civil rights case that held that a […]



It’s Facebook Official—ABA Releases Ethics Opinion Addressing Attorneys’ Review of Jurors’ Social Media Accounts



BY BRITTANY BROOKS — As the breadth of modern technology and the use of social media grow, the law is forced to grapple with society’s electronic expansion. In the context of professional responsibility, attorneys’ need for direction has become increasingly evident. The public nature of social media and other electronic databases has created new discovery […]



McCutcheon v. FEC: More Money in Politics, Less Integrity in Democracy?



BY STEVEN SWARTZ – The United States Supreme Court issued a ruling this month in McCutcheon v. Federal Election Commission that allows money to play a larger role in political campaigns. The plaintiff, Shaun McCutcheon, is a wealthy Alabama businessman and contributor to the Republican Party. He wanted to donate more than the decades-old aggregate limit […]




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