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College of Law

Florida State University


Florida State University Law Review

Volume 42, No. 3


Differential Response: A Dangerous Experiment in Child Welfare
Elizabeth Bartholet
Differential Response represents the most important child welfare initiative of the day, with Differential Response programs rapidly expanding throughout the country. It is designed to radically change our child welfare system, diverting the great majority of Child Protective Services cases to an entirely voluntary system. This Article describes the serious risks Differential Response poses for children and the flawed research being used to promote it as “evidence based.” Read more...

Suboptimal Human Rights Decision-Making
Richard C. Chen
The literature on human rights generally assumes that when a state fails to comply with human rights norms, it is because the state’s leaders rationally determined that a violation would maximize the state’s expected utility. Strategies for improving compliance accordingly focus on altering a state’s expected utility calculation either through coercion, which seeks to introduce external incentives that make compliance more attractive, or persuasion, which seeks to recalibrate a state’s underlying preferences. A wide array of social science research, however, has demonstrated that human beings regularly make suboptimal decisions that fail to maximize their expected utility. Read more…

“Law and Justice Are Not Always the Same”: Creating Community-Based Justice Forums for People Subjected To Intimate Partner Abuse
Leigh Goodmark
Mary Walsh sought justice through the criminal system after being abused by her partner. Following that experience, Walsh warned other women: “For your own peace of mind, be prepared to throw any illusions about ‘justice’ you might have had out the window.” Whether other people subjected to abuse find justice through the criminal or civil justice systems depends in large part upon what, exactly, justice means to them. Read more…

Speaker Discrimination: The Next Frontier of Free Speech
Michael Kagan
Citizens United v. FEC articulated a pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Read more...


Tax Whistleblower Statute: Obtaining Meaningful Appeals through the Appropriate Scope of Review
Matthew R. Stock
The Tax Relief and Healthcare Act of 2006 strengthened the incentives for whistleblowers to expose large-scale tax evasion. For information provided to the Internal Revenue Service (IRS) after December 19, 2006, the new section 7623(b) of the Internal Revenue Code (Code) authorizes whistleblowers to receive an award of 15% to 30% of proceeds collected from owed taxes as a direct result of their tip. Read more…

Applying the ’Cuffs: Consistency and Clarity in a Bright-Line Rule For Arrest-Like Restraints under Miranda Custody
Luis Then
The Fifth Amendment of the United States Constitution provides that “[n]o person shall be . . . compelled in any criminal case to be a witness against himself . . . .” It was not until Miranda v. Arizona, however, that the United States Supreme Court concluded that the Fifth Amendment privilege against self-incrimination is guaranteed outside of court proceedings and that procedural safeguards are necessary to protect this constitutional privilege during inherently coercive custodial interrogations. Read more…

Governing Hydraulic Fracturing Through State-Local Dynamic Federalism: Lessons from a Florida Case Study
Courtney Walmer
In 2013, a Texas oil company hydraulically fractured an unconventional oil well for the first time in Florida. The exploration took place in Collier County, located in the Everglades—a treasured natural area that has been described as “a river of grass flowing imperceptibly from the hinterland into the sea.” This United Nations Educational, Scientific and Cultural Organization World Heritage Site contains vast subtropical wetlands and is a sanctuary for endangered species like the manatee, American crocodile, and Florida panther. Read more…