St. Thomas Law Review

Covers articles submitted by faculty and members of the bench and bar nationwide.

Articles from Vol. 25, No. 1, Fall

Applying Economic Loss Doctrine to Article 2 Transactions: A Doctrine at a Loss
INTRODUCTION Modem application of the judicially-created economic loss doctrine redirects some purchasers of defective goods away from actions in tort for negligence or strict liability against a product manufacturer. The Uniform Commercial Code's...
Arbitrations in Florida: A Tale of Two Courts
The Federal Arbitration Act ("FAA") (1) "was enacted in 1925 in response to widespread judicial hostility to arbitration agreements." (2) It is evident from a number of decisions issuing out of Florida courts that this judicial hostility endures. A...
Clarifying State Action Immunity under the Antitrust Laws: FTC V. Phoebe Putney Health System, Inc
INTRODUCTION The tension between federalism and national competition policy has come to a head. The state action doctrine finds its basis in principles of federalism, permitting states to replace free competition with alternative regulatory regimes...
Under the Lens of the Constitution: The NDAA's Detainee Provisions and the Fifth Amendment's Guarantee of Equal Protection
Just as the heart beats in the darkness of the body, / So I, despite this cage, continue to beat with life. / Those who have no courage or honor / Consider themselves free, / I am flying on the wings of thought, / And so, even in this cage, / I know...
What Must We Hide: The Ethics of Privacy and the Ethos of Disclosure
I. INTRODUCTION We live in an era of personal revelation. We are preoccupied by seeking, gathering, and disclosing information about others and ourselves. In the age of revelation, individuals and enterprises are fond of ferreting out what is buried...