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    Academic Journals

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• Select Reflections on a Vetoed Bill.

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  Reflections on a Vetoed Bill.

  Author:Jeanette MoffaFrom:Florida Bar Journal (Vol. 96, Issue 5)

  Sept-Oct 20222,477 words Article 1440LOn June 24, Gov. Ron De-Santis vetoed Senate Bill 1382, preventing the Department of Revenue from moving forward with sweeping changes that would have expanded the department's authority while simultaneously tying...
• Select TIMELINESS AT THE COURT OF FEDERAL CLAIMS: REEXAMINING THE BLUE & GOLD DOCTRINE IN LIGHT OF SCA HYGIENE AND PETRELLA.

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  TIMELINESS AT THE COURT OF FEDERAL CLAIMS: REEXAMINING THE BLUE & GOLD DOCTRINE IN LIGHT OF SCA HYGIENE AND PETRELLA.

  Author:Thomas E. DaleyFrom:Public Contract Law Journal (Vol. 51, Issue 4)

  Summer 202213,648 words Article 2320LConsistent application of the Blue & Gold doctrine has been a common issue in bid protests litigated before the U.S. Court of Federal Claims for the past fifteen years. In June 2020, U.S. Court of Appeals for the Federal...
• Select RECENT DEVELOPMENTS IN TITLE INSURANCE COVERAGE LAW.

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  RECENT DEVELOPMENTS IN TITLE INSURANCE COVERAGE LAW.

  Author:Charles Allen YuenFrom:Tort Trial & Insurance Practice Law Journal (Vol. 57, Issue 2)

  Spring 20223,097 words Article 2090LI. INTRODUCTION With few exceptions, the written coverage decisions involving title policies for the year ending in December 2021 were straightforward given policy language and the matters alleged. On the face of these...
• Select A PRIMER ON CLAIMS OF SPOUSES IN LOUISIANA.

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  A PRIMER ON CLAIMS OF SPOUSES IN LOUISIANA.

  Author:Sandi S. VarnadoFrom:Loyola Law Review (Vol. 68, Issue 2)

  Spring 202216,311 words Article 2460LThis Article is the sixth in a series of primers on Louisiana Family Law. The Louisiana Civil Code of 1870, as amended to date, operates as the primary source of law, with other ancillary statutes and codes on particular...
• Select OUTSIDER SPEECH: THE PLRA, AEDPA, AND ADJUDICATIVE EXPRESSION.

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  OUTSIDER SPEECH: THE PLRA, AEDPA, AND ADJUDICATIVE EXPRESSION.

  Author:William M. Carter, Jr.From:Case Western Reserve Law Review (Vol. 72, Issue 3) Peer-Reviewed

  Spring 20229,448 words Article 1990L"By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker's...
• Select RECENT DEVELOPMENTS IN STATUTORY AND EQUITABLE TOLLING OF DEADLINES DUE TO COVID-19: FIFTY STATE SURVEY.

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  RECENT DEVELOPMENTS IN STATUTORY AND EQUITABLE TOLLING OF DEADLINES DUE TO COVID-19: FIFTY STATE SURVEY.

  Authors:Victoria Alvarez, Kenneth Duvall, and Christine ForsytheFrom:Tort Trial & Insurance Practice Law Journal (Vol. 57, Issue 2)

  Spring 202211,464 words Article 2070LAs a result of COVID-19, courts nationwide tolled various deadlines including filing deadlines, statutes of limitation, and in some instances, statutes of repose. This survey evaluates each state's actions and that...
• Select The Debt Collection Rule.

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  The Debt Collection Rule.

  Authors:Caren D. Enloe and Sabrina A. NeffFrom:Business Lawyer (Vol. 77, Issue 2)

  Spring 20226,506 words Article 2510LINTRODUCTION After years of development in the rulemaking process, (1) the Consumer Financial Protection Bureau ("CFPB") published its final Debt Collection Rule ("Rule") with an effective date of November 30, 2021....
• Select RECENT DEVELOPMENTS IN INSURANCE COVERAGE.

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  RECENT DEVELOPMENTS IN INSURANCE COVERAGE.

  Authors:Damian J. Arguello, Jeremy A. Lawrence, Laura Meyer Gregory, and Alexandra B. HowardFrom:Tort Trial & Insurance Practice Law Journal (Vol. 57, Issue 2)

  Spring 20224,435 words Article 2740LThis article covers recent developments in insurance coverage, focusing on directors' and officers' liability insurance coverage, as well as the tolling of applicable statutes of limitation during the COVID-19 pandemic....
• Select "Beat the Clock": Deadlines in a Military Divorce Case.

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  "Beat the Clock": Deadlines in a Military Divorce Case.

  Author:Kristopher J. HilscherFrom:Florida Bar Journal (Vol. 96, Issue 1)

  Jan-Feb 20223,141 words Article 1570LIn this article, we tackle how to address deadlines in military divorce cases. The essential component of "beating the clock" is critical to manage malpractice risk. Military divorce cases have deadlines that must be met...
• Select LIFE INSURANCE CLAIMS.

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  LIFE INSURANCE CLAIMS.

  Authors:Kenneth Anspach and Jeremy M. KingFrom:Tort Trial & Insurance Practice Law Journal (Vol. 57, Issue 1)

  Wntr 20226,232 words Article 2010LThe law governing life insurance policies and related disputes is based upon a patchwork of statutory and common law principles that the legislature and courts have developed over the years. These rules frequently...
• Select THE DUTY NOT TO CONTINUE DISTRIBUTING YOUR OWN LIBELS.

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  THE DUTY NOT TO CONTINUE DISTRIBUTING YOUR OWN LIBELS.

  Author:Eugene VolokhFrom:Notre Dame Law Review (Vol. 97, Issue 1)

  Nov. 202114,782 words Article 1590LSay something I wrote about you online (in a newspaper, a blog, or a social media page) turns out to be false and defamatory. Assume I wasn 't culpable when I first posted it, but now I'm on notice of the error. Am I...
• Select For Whom the Statute Tolls: An Analytical Look at the Tolling Provision in Florida's Product Liability Statute of Repose.

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  For Whom the Statute Tolls: An Analytical Look at the Tolling Provision in Florida's Product Liability Statute of Repose.

  Authors:Donald A. Blackwell and Stephanie M. SimmFrom:Florida Bar Journal (Vol. 95, Issue 3)

  May-June 20215,913 words Article 1960LAconsiderable amount of commentator and jurisprudential ink has been spilled on Florida's product liability statute of repose through the years. The statute was first enacted in 1974, held unconstitutional by the Florida...
• Select 5 Tips to Stay Afloat: After the cruise line industry ground to a halt, plaintiff attorneys looked for ways to keep existing cases moving forward.

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  5 Tips to Stay Afloat: After the cruise line industry ground to a halt, plaintiff attorneys looked for ways to keep existing cases moving forward.

  Author:Catherine M. Casey SaylorFrom:Trial (Vol. 57, Issue 4)

  Apr. 20212,502 words Article 1620LFor firms that regularly represent clients injured on cruise ships, 2020 rewrote the book on standard operating procedures. Like so many other industries, business has been anything but usual since all cruise companies...
• Select THE CASE AGAINST THE "CASE-WITHIN-A-CASE": HOW TO DISARM THE MANY TRAPS THAT LIE IN WAIT FOR LEGAL MALPRACTICE PLAINTIFFS.

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  THE CASE AGAINST THE "CASE-WITHIN-A-CASE": HOW TO DISARM THE MANY TRAPS THAT LIE IN WAIT FOR LEGAL MALPRACTICE PLAINTIFFS.

  Author:David LevineFrom:South Dakota Law Review (Vol. 66, Issue 3) Peer-Reviewed

  Spring 202116,898 words Article 2400LNo attorney likes the sound of legal malpractice. But it is an important tort for rectifying injuries caused by negligent attorneys. The current state of legal malpractice provides little relief for plaintiffs unless...
• Select CONTRACTING AROUND CPLR 202: "ACCRUAL" BORROWING STATUTE IN NEW YORK PRACTICE AND WHY ITS CURRENT APPLICATION IS UNWORKABLE.

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  CONTRACTING AROUND CPLR 202: "ACCRUAL" BORROWING STATUTE IN NEW YORK PRACTICE AND WHY ITS CURRENT APPLICATION IS UNWORKABLE.

  Author:Benjamin J. WisherFrom:Albany Law Review (Vol. 83, Issue 4)

  Summer 20209,422 words Article 1790LAmongst New York's legal practitioners, it is common knowledge that a claim for relief arising under the breach of a contract must be interposed within six years. (1) However, many of these same practitioners are...
• Select Civil Procedure - Equitable Defenses - Second Circuit Holds that the Holocaust Expropriated Art Recovery Act of 2016 Does Not Preclude Application of Laches Defenses to Nazi-Looted Art Recovery Claims - Zuckerman v. Metropolitan Museum of Art.

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  Civil Procedure - Equitable Defenses - Second Circuit Holds that the Holocaust Expropriated Art Recovery Act of 2016 Does Not Preclude Application of Laches Defenses to Nazi-Looted Art Recovery Claims - Zuckerman v. Metropolitan Museum of Art.

  From:Harvard Law Review (Vol. 133, Issue 6)

  Apr. 20203,976 words Case note 2210LAmong the countless crimes of Nazi Germany were the theft, looting, and forced sale of hundreds of thousands of artworks. (1) Many owners never recovered these works, and restitution claims continue to occupy the dockets...
• Select Collection of Attorney Fees.

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  Collection of Attorney Fees.

  Author:David H. FriedmanFrom:Family Advocate (Vol. 42, Issue 4)

  Spring 20203,132 words Article 1330LThe collection of your fees from a former client can be a minefield for the unwary practitioner. There are ethical, technical, and practical issues that can have a major impact on the collection process. Retainer...
• Select Jumping on the Bandwagon: Illinois Adopts the Uniform Trust Code.

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  Jumping on the Bandwagon: Illinois Adopts the Uniform Trust Code.

  Author:Jessica CoutreFrom:Probate & Property (Vol. 34, Issue 2)

  March-April 20201,979 words Article 1740LOn July 12, 2019, Illinois became the 34th state (along with the District of Columbia) to adopt a version of the Uniform Trust Code (UTC). The new statute, known as the Illinois Trust Code (ITC), has replaced the...
• Select UNJUST TIMING LIMITATIONS IN GENETIC MALPRACTICE CASES.

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  UNJUST TIMING LIMITATIONS IN GENETIC MALPRACTICE CASES.

  Authors:Gary Marchant, Bonnie LeRoy, Lauren Clatch, and Ellen Wright ClaytonFrom:Albany Law Review (Vol. 83, Issue 1)

  Fall 201910,405 words Article 2560LAs genomic data are increasingly being collected and applied in clinical care, physicians, laboratories, and other health care providers are more frequently being sued for alleged medical malpractice or negligence. (1)...
• Select Does the Federal False Claims Act Statute of Limitations Prevent a Private Litigant from Successfully Pursuing a False Claims Action More Than Six Years After the Alleged Violation but Within Three Years of the Government Learning of the Claims Alleged and Within Ten Years of the Alleged Violation of the Act When the United States Is Not a Party?

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  Does the Federal False Claims Act Statute of Limitations Prevent a Private Litigant from Successfully Pursuing a False Claims Action More Than Six Years After the Alleged Violation but Within Three Years of the Government Learning of the Claims Alleged and Within Ten Years of the Alleged Violation of the Act When the United States Is Not a Party?

  Author:Michael KursFrom:Preview of United States Supreme Court Cases (Vol. 46, Issue 6)

  Mar. 18, 20193,722 words Article 1550LISSUE May a relator in a False Claims Act qui tam action rely on the statute of limitations of 31 U.S.C. [section] 3731(b)(2) in a suit in which the United States has declined to intervene, and, if so, does the...