BY JONATHAN D. COLAN, 69 U. Miami L. Rev. 973 (2015). Introduction: In United States v. Williams, Judge Gerald Bard Tjoflat sought to clarify the meaning of 18 U.S.C. § 3742(e)’s “due deference” standard and to fix, what he considered to be, the Eleventh Circuit’s inconsistent application of this provision in federal criminal sentencing appeals. Judge Tjoflat’s mission failed. […]
BY ERICA W. RUTNER & LARA BUESO BACH, 69 U. Miami L. Rev. 999 (2015). Introduction: Cases involving medical causation often turn on the plaintiff’s ability to offer admissible expert testimony. In fact, in products liability cases proceeding in the Eleventh Circuit, plaintiffs are required to have admissible expert testimony establishing both general causation—that the agent in question […]
BY JEFFREY B. MORRIS, 69 U. Miami L. Rev. 393 (2015). Introduction: The University of Miami Law Review’s 2014 Symposium, Leading from Below, honored Judge Jack B. Weinstein for his extraordinary career as a private practitioner, government lawyer, advisor to legislators and executive officials, major legal scholar, and federal district judge for over forty-seven years. It […]
BY SETH STOUGHTON, 69 U. Miami L. Rev. 429 (2015). Introduction: How can law be a mechanism for police reform? The most familiar answer, for legal scholars who work on the regulation of law enforcement, is as a deterrent: the law sets some limit on police behavior and imposes some sanction for violations. Two examples that […]
BY MYRIAM GILLES, 69 U. Miami L. Rev. 469 (2015). Introduction: Maybe you’ve heard, the United States Supreme Court has been on a bit of a pro-arbitration tear recently, upholding ever-more draconian dispute resolution clauses inserted in standard-form contracts against all sorts of legal and policy-based challenges. The most recent cases to arrive at the Court […]
