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College of Law

Florida State University


Florida State University Law Review

Volume 43, No. 1


Privity's Shadow: Exculpatory Terms in Extended Forms of Private Ordering
Mark P. Gergen
This Article This Article addresses a set of important and unsettled legal ques-tions on which there has been scant theoretical scholarship.1 A few examples suggest the nature, importance, and difficulty of the questions: Tenant suffers substantial lost income as a result of a careless error by Contractor in renovating a commercial building. A term in Tenant’s contract with Owner, who hired Contractor, absolves Owner from liability for the loss. Does the term also absolve Con-tractor from liability to Tenant? What if the exculpatory term is in the contract between Owner and Contractor? Read more...

Presidential Control Across Policymaking Tools
Catherine Y. Kim
Over the past quarter century, administrative law scholars have observed the President’s growing control over agency policymaking and the separation-of-powers concerns implicated by such unilateral exercises of power.The paradigmatic form of agency policymaking—notice-and-comment rulemaking—mitigates these concerns by ensuring considerable oversight by the courts, Congress, and the public at large. Read more...

Maximizing Utility in Electric Utility Regulation
Jonas J. Monast
The electric power sector is undergoing a period of profound change, reacting to econom-ic, technological, and regulatory variables that have emerged quickly and largely without warning. In many states, the public utility commission (PUC) will play a key role in deter-mining how electric utilities respond to these rapidly changing circumstances, the outcome of which will affect electricity rates, investor returns, public health, and local and state economies for decades to come. Read More...

Taking Turns
Ronen Perry & Tal Z. Zarsky
Two siblings jointly inherit their late father’s rocking chair. The chair has principally sentimental and no real economic value; it can-not be physically divided between them, and selling it to distribute the proceeds will compensate neither for the sentimental loss. What, then, should become of the disputed property? In a self-confessed “strange” decision in the McDowell case, the Surrogate’s Court of New York ordered that the two siblings take possession of the chair alternately for six-month periods; and, when one passed away, the other would obtain exclusive possession. Read More...

Interpreting Force Authorization
Scott M. Sullivan
This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doc-trine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. Read More...


The Wellness Approach: Weeding Out Unfair Labor Practices in the Cannabis Industry
Taylor G. Sachs
California was at the forefront of medicinal cannabis legalization in 1996.1 That was twenty years ago. Today, twenty-three states, Puerto Rico, Guam, and the District of Columbia have all passed laws legalizing the use of cannabis for medical purposes. Three of these states plus the District of Columbia have also legalized the rec-reational use of cannabis. However, despite the aggregate of state protections and changing public opinion, both medical and recrea-tional use of cannabis remains illegal under federal law. Read more...

Is Personhood the Answer to Resolve Frozen Pre-Embryo Disputes?
Erica Steinmiller-Perdomo
Sofia Vergara and her ex-fiancé, Nick Loeb, created and stored several pre-embryos with the intention of using them to start a fami-ly together. Since then, the two have separated and now dispute the fate of the pre-embryos they created. Should the pre-embryos be con-sidered persons, property, or something else? Should they be afforded the right to life because one party wants them to develop or should they be discarded because one party no longer wants to procreate? Who should decide? Read More...