Florida Law Review Forum

Ethical Duties of Class Counsel Also Representing Class Representatives

Nancy J. Moore

Abstract Response to Bruce A. Green & Andrew Kent’s, May Class Counsel Also Represent Lead Plantiffs? In their excellent article entitled May Class Counsel Also Represent Lead Plaintiffs?, Professors Bruce Green and Andrew Kent explore a particular aspect of two broader questions I have also addressed: (1) who should regulate class action lawyers; and (2) […]

Enforcing the Fiduciary Duties of Class Representatives

Andrew S. Pollis

Abstract Response to Bruce A. Green & Andrew Kent’s, May Class Counsel Also Represent Lead Plaintiffs? Professors Bruce A. Green and Andrew Kent have drawn much-needed attention to ethical issues that can arise when class-action lawyers simultaneously represent named individual plaintiffs and putative or certified classes. They analyze three scenarios of potential conflict for which […]

Agents and Advisors

Deborah A. DeMott

Abstract Response to Arthur B. Laby’s, Advisors as Fiduciaries In a recent article, Advisors as Fiduciaries, Professor Arthur Laby examines the roles of advisors in multiple contexts and elaborates justifications for whether and when advice-giving does (and should) trigger the imposition of a suite of distinctively fiduciary duties of care and loyalty. Professor Laby’s article […]

Systemic Power, Critical Interest, and Fiduciary Relationship

Robert J. Rhee

Abstract Response to Arthur B. Laby’s, Advisors as Fiduciaries Professor Arthur Laby’s Advisors as Fiduciaries makes a significant contribution to our understanding of fiduciaries. It should be required reading in this area of law. The dominant view of a fiduciary relationship is based on discretionary authority. But this view, Professor Laby argues, is incomplete because […]

Examining the Committee on Infractions’s Affirmation Rate of NCAA Enforcement Staff Allegations of Rules Violations

Josh Lens

Abstract The NCAA, the national governing body for college athletics, is in a precarious position. Battered by recent lawsuits, the NCAA is undergoing a self-initiated review designed to modernize and transform its operations through updating its constitution and rules.The enforcement process through which the NCAA enforces its myriad regulations has proven central to this review […]

“Shall Not Be Construed”: Reversal of Supreme Court Decisions by Constitutional Amendment

John v. Orth

Abstract This Article considers the way in which small changes of wording can signal large changes of thought in the United States Constitution (Constitution). Drawing upon examples found in the Eleventh and Sixteenth Amendments, and in the Reconstruction Amendments, the Article shows that there are two ways to reverse a U.S. Supreme Court decision by […]