Loading [Contrib]/a11y/accessibility-menu.js

Florida Law Review

Established 1948

Articles
March 01, 2025 EDT
The Chilling Effects of Dobbs
Jonathon W. PenneyDanielle Keats CitronAlexis Shore Ingber
The Supreme Court’s evisceration of the federal constitutional right to abortion has raised the specter of criminal and civil liability for abortion providers and patients. Police and prosecutors have...

Recent blog posts

The 2025 Dunwody Distinguished Lecture in Law
The 2025 Dunwody Distinguished Lecture in Law
Join us at our spring symposium to hear from some of the biggest names in originalism!
2025–26 Symposium Proposal Submissions
2025–26 Symposium Proposal Submissions
The Florida Law Review is accepting symposium proposal submissions for the 2025–2026 academic year. Proposals will be continuously accepted with a preference for those submitted by April 7, 2025.
View All Posts
Florida Law Review Forum
April 24, 2025 EDT
Human or AI? The Need for a Federal Right of Publicity to Regulate AI-Generated Music
Katie Pine

Note Arguing for and Proposing a Federal Right of Publicity to Protect Artists from Identity Appropriation by AI-Generated Music

Florida Law Review Forum
March 03, 2025 EDT
Three Strikes Against Using the Prisons Litigation Reform Act to Reduce Litigation of Indigent Prisoners
Jennavieve Brown

Note Arguing That the Three Strikes Rule Should Not Be Applied Outside of the Prisoner Litigation Context Based upon Historical Practice and Canons of Statutory Interpretation.

Troubled Waters: Equitable Apportionment and the Future of Interstate Groundwater Wars Notes
March 01, 2025 EDT
Troubled Waters: Equitable Apportionment and the Future of Interstate Groundwater Wars
Julia C. Kitt

Although water is the most abundant natural resource on the planet, fresh and potable water is limited. Surface water has long supported human development. However, technological improvements in the mid-twentieth...

The Common Law and SEC Rule10b-5(b): Narrowing the Securities "Fraud" Exception to the First Amendment Notes
March 01, 2025 EDT
The Common Law and SEC Rule10b-5(b): Narrowing the Securities “Fraud” Exception to the First Amendment
Matthew Lambertson

Courts have read Section 10(b) of the Securities Exchange Act of 1934 and regulations promulgated thereunder as requiring less than every element of common law fraud. In particular, the Securities...

Compelled Speech, Speaker Perception, and Plausibility Articles
March 01, 2025 EDT
Compelled Speech, Speaker Perception, and Plausibility
David S. Han

In Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, a baker raised a compelled speech claim when his bakery was sanctioned by the Colorado Civil Rights Commission for refusing to...

Articles
March 01, 2025 EDT
Tribal Courts Are Courts of General Jurisdiction
Grant Christensen

Twenty years ago, the Supreme Court misread its precedents and took a shortcut to do what was “simpler” instead of what was right. It determined, without examining the origins...

Articles
March 01, 2025 EDT
Katz’s Imperfect Circle: An Empirical Study of Reasonable Expectations of Privacy
Tonja JacobiChristopher Brett Jaeger

Under Katz v. United States, the Fourth Amendment restricts government actions that infringe upon expectations of privacy that society recognizes as reasonable. This foundational test has long been criticized as...

The Originalist Case Against the *Insular* Cases Articles
March 01, 2025 EDT
The Originalist Case Against the Insular Cases
Michael D. Ramsey

Concurring in United States v. Vaello Madero, Justice Neil Gorsuch argued that the Insular Cases are contrary to the Constitution’s original meaning and should be overruled. The Supreme Court’s decisions...

The Big Cost of Small Farms Articles
March 01, 2025 EDT
The Big Cost of Small Farms
Tammi S. Etheridge

Americans love meat. We celebrate our independence with steaks on the grill, we enjoy our favorite pastime with hot dogs, and we give thanks with turkey. Our love of meat...

The Future of Antitrust Populism Articles
March 01, 2025 EDT
The Future of Antitrust Populism
Herbert Hovenkamp

During the Biden Administration a form of populism staked a claim in American antitrust policy. While it never had much impact on Congress or the federal judiciary, it had a...

An Originalist Case for a Robust Rule of Lenity Florida Law Review Forum
February 22, 2025 EDT
An Originalist Case for a Robust Rule of Lenity
Caroline Swain

Note Arguing That Originalists Should Faithfully Champion a Robust Rule of Lenity Because It Is the View Best Supported by the Constitution and Reflected in Historical Practice.