College Athletes as Employees: An Overflowing Quiver



BY STEVEN L. WILLBORN, 69 U. Miami L. Rev. 65 (2014). Introduction: Kain Colter, a football player at Northwestern University, is currently at the center of the discussion about whether college athletes are employees. He has filed a petition with the National Labor Relations Board (“Board”) to recognize the College Athletes Players Association (“CAPA”) as […]






Which Will be Healthier, State or Federal Exchanges: The Looming Implications of King v. Burwell



BY ANDREA NICKERSON — Although the Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (“ACA”) and related statutes in National Federation of Independent Business, it will undoubtedly continue to address issues associated with the actual implementation of the statute. On November 7, the Court granted certiorari for King v. Burwell, […]



Free Speech Victory: Florida Bar Prohibition on Past Results Struck Down



BY DALISI OTERO — In Rubenstein v. Florida Bar, Judge Beth Bloom of the United States District Court for the Southern District of Florida ruled last month that the Florida Bar’s ban on attorneys’ use of past results for advertising is unconstitutional under the Free Speech Clause of the First Amendment. Judge Bloom concluded the […]



Florida Supreme Court Stops Government from Obtaining Cell-Phone Location Data Without Warrant; Will Eleventh Circuit Follow Suit?



BY JEREMY H. D’AMICO — Anyone who has seen CSI knows that the government can locate the position of a person’s cell phone when a call is made. But maybe you did not know that the government has been able to use Cell Site Location Information (“CSLI”) to track the location of a cellular device […]



What’s Driving the Ridesharing Debate?



BY NICOLE HALMOUKOS — Uber Technologies, Inc., one of the most popular and expansive of a number of “e-hailing” apps to arrive in the personal transportation space, allows users to summon a ride using their smartphone. A glance at the young company’s financial growth is impressive: it has raised over $1.5 billion in venture capital, reached […]



Yates v. United States: Illegal Fishing and the Sarbanes Oxley Act



BY ZACH LIPSHULTZ — On November 5, 2014, the Supreme Court heard oral arguments in Yates v. United States, a case that may help define the jurisdictional reach of the Sarbanes-Oxley Act (“SOX”). The Court granted certiorari on the issue of whether Yates, a commercial fishing captain from Cortez, Florida, violated the Act’s anti-spoliation provision […]



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 […]




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