Estates & Trusts Law
Martin H. Redish, Peter Julian & Samantha Zyontz, Cy Pres Relief and the Pathologies of Modern Class Action: A Normative and Empirical Analysis
62 Fla. L. Rev. 617 (2010) | | | | CASE COMMENT ::The purpose of the modern class action, a procedural aggregation device authorized by Rule 23 of the Federal Rules of Civil Procedure, is to collectivize individual claims into a single proceeding, with the overwhelming majority of the plaintiffs assuming a purely passive role […]
62 Fla. L. Rev. 1179 (2010)| | | | ABSTRACT :: Scandals involving nonprofit boards and conflicts of interest continue to receive considerable public attention. Earlier this year, for example, musician Wyclef Jean’s Yele Haiti charity became the target of intense criticism after the charity disclosed that it had regularly transacted business with Jean and […]
Lydia Pallas Loren, Renegotiating the Copyright Deal in the Shadow of the “Inalienable” Right to Terminate
62 Fla. L. Rev. 1329 (2010)| | | | ABSTRACT :: Few people realize that many contracts that purport to transfer “all right, title and interest” in a copyright can be terminated by the author of the copyrighted work after thirty-five years (in some cases), after fifty-six years (in other cases), and sometimes even after […]
Lindsay Roshkind, Interpreting I.R.C. § 67(e): The Supreme Court's Attempt to Nail Investment Advisory Fees to the "Floor"
60 Fla. L. Rev. 961 (2008) | | | | TEXT :: In the process of statutory interpretation, a court must determine “whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case. [The court’s] inquiry must cease if the statutory language is unambiguous and the […]
Dustin G. Hall, Constitutional Law: What to Do When a State Fails to Take Notice that its Notice has Failed?
59 Fla. L. Rev. 453 (2007) | | | | TEXT :: After Petitioner paid off his mortgage, his annual property taxes went unpaid. Respondent, Commissioner of State Lands, subsequently certified Petitioner’s property as delinquent. Under the applicable state statute, Respondent sent, via certified mail, a notice of delinquency to Petitioner’s property. The notice indicated […]