Author Archives: Cassie Daum

Amy Howe, Interpreting the Supreme Court: Finding Meaning in the Justices’ Personal Experiences

68 Fla. L. Rev. 393 Abstract At his 2004 confirmation hearing, Chief Justice John G. Roberts Jr. famously compared the role of a Supreme Court Justice to that of a baseball umpire and promised “to remember that it’s my job … Continue reading

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Jason Iuliano, Student Loans and Surmountable Access-To-Justice Barriers

68 Fla. L. Rev. 377 Findings and conclusions from the 2012 American Bankruptcy Law Journal Study and Response to Professor Rafael I. Pardo’s latest piece, The Undue Hardship Thicket: On Access to Justice, Procedural Noncompliance, and Pollutive Litigation in Bankruptcy.

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Daniel P. Selmi, Takings and Extortion

68 Fla. L. Rev. 323 Abstract The Supreme Court has repeatedly employed an extortion narrative in deciding when governmental actions imposing exactions on development projects constitute takings under the Fifth Amendment. In that narrative, local officials act in ever-present bad … Continue reading

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Sandra K. Miller & Karie Davis-Nozemack, Toward Consistent Fiduciary Duties for Publicly Traded Entities

68 Fla. L. Rev. 263 Abstract After the 2008 recession, it is difficult to imagine that the public is investing billions of dollars in publicly traded entities with little regulation of board conflicts and no fiduciary duty protections. Yet, that … Continue reading

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Matthew J. Lindsay, Disaggregating “Immigration Law”

68 Fla. L. Rev. 179 Abstract Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature … Continue reading

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Pratheepan Gulasekaram & S. Karthick Ramakrishnan, The President and Immigration Federalism

68 Fla. L. Rev. 101 Abstract This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and state- level legislation in immigration. Prior immigration law scholarship has focused on structural power questions between … Continue reading

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