Category Archives: Featured Article

Because of Winn-Dixie: The Common Law of Exclusive Use Covenants

BY TANYA D. MARSH, 69 U. Miami L. Rev. 935 (2015). Introduction: As a condition of entering into a lease for space in a shopping center, tenants with significant bargaining power often require landlords to promise that no other occupant of the shopping center will sell certain goods or services. This promise, contained in the lease, is known as […]

Giving Judge Tjoflat’s Deference Analysis Its Due

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. […]

“Indispensable” Methods for Admitting General Causation Experts in the Eleventh Circuit

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 […]

Jack B. Weinstein: Judicial Entrepreneur

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 […]

Evidentiary Rulings as Police Reform

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 […]