Category Archives: Analysis

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 […]