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Originalisms' Indifferences?: Friendly Amendments To Professor Girgis's "Originalism's Difference?", Jed Handelsman Shugerman May 2026

Originalisms' Indifferences?: Friendly Amendments To Professor Girgis's "Originalism's Difference?", Jed Handelsman Shugerman

Florida Law Review

In this Essay, the author begins by summarizing their many areas of agreement with Girgis’s Dunwody Lecture, Originalism’s Difference?. Then they turn to each of Girgis’s three differences to ask a question and perhaps pose a critique. Has Girgis placed too much emphasis on “constraint”? Is “intensity” a virtue without sufficient care, balance, and open-mindedness, and perhaps a vice if it is a tendentiously intense control-f search? Is avoiding “palpable” moral reasoning a virtue if the Court is using historical evidence to cover for ideological motives and cognitive biases? This Essay turns to some of Girgis’s own examples of …

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Originalism's Difference?, Sherif Girgis May 2026

Originalism's Difference?, Sherif Girgis

Florida Law Review

This Article is a Dunwody Distinguished Lecture in Law and the topic is whether originalism makes any practical difference to constitutional reasoning and outcomes, relative to other methods of interpretation.

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Does Good Originalism Need Good History?, Gary Lawson May 2026

Does Good Originalism Need Good History?, Gary Lawson

Florida Law Review

One might think that originalism by definition is largely about history. After all, what does it mean to be “originalist” if not to be concerned primarily, if not exclusively, about the past? And if history is relevant, surely good history is better than bad history?

That seemingly obvious conclusion is not actually obvious. The role of good history, as with the role of any discipline—be it linguistics, epistemology, economics, classical studies, or political theory—depends on what questions one asks. And at least some forms of originalism ask questions for which the role of good history, as historians might define good …

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Congressional Guesswork And The Separation Of Powers, Isaac Park May 2026

Congressional Guesswork And The Separation Of Powers, Isaac Park

Florida Law Review

Before City of Boerne v. Flores, the Supreme Court construed Section Five of the Fourteenth Amendment as an expansive grant of authority, affording Congress broad power to enact legislation enforcing its own interpretations of the Constitution. Under this regime, Congress enacted landmark civil rights statutes such as the Americans with Disabilities Act and the Violence Against Women Act. In 1997, however, City of Boerne v. Flores sharply curtailed Congress’s power under Section Five—announcing (for the first time) that legislation contravening the Court’s prior pronouncements on the meaning of the Fourteenth Amendment impermissibly intruded on the Supreme Court’s role as …

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Stand-In Standing, Matthew I. Hall May 2026

Stand-In Standing, Matthew I. Hall

Florida Law Review

When the interests of a state, or of the federal government, are at issue in a lawsuit, those interests are typically represented by the executive branch. But not always: The U.S. Supreme Court has repeatedly held that states and the federal government may delegate their claims to nongovernmental litigants in some circumstances. But the Court has never defined the exact boundaries of when such “stand-in standing” is permitted. And states have recently begun to exploit this doctrinal uncertainty by enacting laws that are arguably—and in some cases flagrantly—unconstitutional but outsourcing the enforcement of those laws to private individuals. The avowed …

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Tribal Civil Procedure: An Unexplored Path To Sovereignty And Economic Development, Adam Crepelle May 2026

Tribal Civil Procedure: An Unexplored Path To Sovereignty And Economic Development, Adam Crepelle

Florida Law Review

This Article argues civil procedure reform is a means of strengthening tribal sovereignty and economies. Although tribal civil procedure codes are largely consistent with their state and federal counterparts, tribal rules of procedure can be difficult to locate. The inability to locate tribal rules of procedure has led the Supreme Court to diminish tribal jurisdiction over non-Indians. Similarly, uncertainty about the rules governing tribal court operation deter businesses from investing in Indian country. By making greater efforts to publish tribal procedure rules and the jurisprudence interpreting them, tribes can enhance their sovereignty and their economies.

Tribes should also consider civil …

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Complete Issue-Volume 14, Issue 1, Edwin A. Miles May 2026

Complete Issue-Volume 14, Issue 1, Edwin A. Miles

Journal of Mississippi History

No abstract provided.

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Franklin E. Plummer: Piney Woods Spokesman Of The Jackson Era, Edwin A. Miles May 2026

Franklin E. Plummer: Piney Woods Spokesman Of The Jackson Era, Edwin A. Miles

Journal of Mississippi History

No abstract provided.

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Rethinking Pre-Service Teachers’ Agency In Ai-Supported Lesson Design Through A Posthuman Synthesis Of Three Empirical Studies In Teacher Education, Wen Wen, Huijing Wen May 2026

Rethinking Pre-Service Teachers’ Agency In Ai-Supported Lesson Design Through A Posthuman Synthesis Of Three Empirical Studies In Teacher Education, Wen Wen, Huijing Wen

Excelsior: Leadership in Teaching and Learning

Generative artificial intelligence (GenAI) is increasingly used in lesson planning in teacher education. There has been a growing interest in exploring the different practices of teachers using GenAI to support lesson planning. This conceptual paper, using posthumanism as a framework, synthesizes three empirical studies to conceptualize pre-service teachers’ agency in AI-supported lesson design on literacy instruction. Pre-service teachers’ agency emerges from the interaction with GenAI, as well as with other human and non-human resources. Although their agency is shared and distributed during the design process, it remains essential for pre-service teachers to actively exercise their agency and make informed judgments …

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After Meat: Ruin, Decomposition, And The Epistemic Collapse Of Industrial Food Systems, Alexandra Kenefick May 2026

After Meat: Ruin, Decomposition, And The Epistemic Collapse Of Industrial Food Systems, Alexandra Kenefick

Dublin Gastronomy Symposium

The contemporary crisis of industrial meat is typically framed in environmental, ethical, or technological terms. This paper argues instead that the crisis is fundamentally epistemic, exposing the conceptual limits of modern food systems organized around abstraction, purification, efficiency, and control. Drawing on critical theories of modernity, political ecology, and design, it reframes meat not as food but as a designed industrial artefact. Through the lens of ruin, industrial breakdown is read as material disclosure, rendering visible the violences, dependencies, and exclusions that sustained modern abundance. Against technological solutionism and post-meat futurism, the paper develops decomposition as an alternative epistemic and …

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A Crisis Of Blood – The Slow Death Of Ireland’S Fresh Blood Black Pudding Tradition, Kate Ryan May 2026

A Crisis Of Blood – The Slow Death Of Ireland’S Fresh Blood Black Pudding Tradition, Kate Ryan

Dublin Gastronomy Symposium

Fresh blood black pudding is one of the oldest foods of Ireland, yet rapidly declining access to fresh animal blood means this is a food under threat of extinction. Underpinning this crisis is the shuttering of abattoirs capable or willing to collect blood at slaughter. However, this is a crisis hidden from view of the consumer as proliferation of cheap mass-made puddings reliant on imported dried blood obfuscates the issue. The result is that this is a food crisis experienced only by those who persist – by obligation to recipe, legacy and tradition – in keeping the practice alive. This …

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Feeding A Colony: Crisis, Adaptation, And The Making Of A Wartime Food Economy In Cyprus (1939-1945), Evangelia Matthopoulou, Petroula Hadjittofi May 2026

Feeding A Colony: Crisis, Adaptation, And The Making Of A Wartime Food Economy In Cyprus (1939-1945), Evangelia Matthopoulou, Petroula Hadjittofi

Dublin Gastronomy Symposium

The outbreak of the WWII severely disrupted Mediterranean maritime transport, curtailing the inflow of foodstuffs and processed commodities to small import- dependent economies. This paper examines British Cyprus as a case study, arguing that wartime supply chain crisis prompted both policy and entrepreneurial shifts that not only safeguarded subsistence, but also laid foundations for postwar development. Colonial emergency measures (rationing, price controls, and food campaigns) sought to manage trade bottlenecks, while British policy actively redirected demand toward locally processed food products. This turn to import substitution was reinforced by Cyprus’s incorporation into the Middle East Supply Center in Cairo, which …

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Superman And Coca-Cola, Karen Pepper May 2026

Superman And Coca-Cola, Karen Pepper

Dublin Gastronomy Symposium

One crisis we currently face is the rising incidence of diabetes worldwide, arguably due to the inclusion of sugar, in one form or another, in nearly all processed foods. Superman and Coca Cola, two symbols prominent in the American cultural landscape, suggest an association of sugar consumption and power. Indeed, sweetness appeals to us both as a taste and as a concept, and sugar, accordingly, is often marketed not as nourishing but as empowering. Superman may seem far removed from discussions of food. However, the possibility of acquiring greater-than-human strength was apparently uppermost in the minds of mid-twentieth century Americans, …

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Toddy, Tea, And Tapioca: Food, Famine, And The Moral Reordering Of Public Space In Malabar (Kerala), 1900- 1965, Mallory Rose Cerkleski May 2026

Toddy, Tea, And Tapioca: Food, Famine, And The Moral Reordering Of Public Space In Malabar (Kerala), 1900- 1965, Mallory Rose Cerkleski

Dublin Gastronomy Symposium

This paper examines how public food and drink spaces in early twentieth-century Malabar functioned as critical infrastructures of everyday subsistence as well as sociability. It argues that toddy shops, beyond sites of intoxication, might have provided low-cost nutrition, informal credit, and cross-caste interaction for segments of the labouring poor. Colonial excise policies and temperance movements progressively narrowed these spaces, contributing to the rise of tea shops aligned with reformist ideals of respectable public consumption. While tea shops fostered political discussion and vernacular modernity, they could have been less reliable as nutritional buffers, especially during the food crises of the 1940s. …

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Unspeakable Sacred Things Made Of Dough: Vermicelli And Pre-Christian Serpentine Symbolism In Southern Italian Ritual Foods, Anthony F. Buccini May 2026

Unspeakable Sacred Things Made Of Dough: Vermicelli And Pre-Christian Serpentine Symbolism In Southern Italian Ritual Foods, Anthony F. Buccini

Dublin Gastronomy Symposium

It is commonplace to debunk the tale of Saint Patrick driving the snakes out of Ireland: zoologists say he could not have done so, as there were no snakes in Ireland during his time. This tale is, however, a myth, and quite true if one views it symbolically. The snakes symbolise pagan beliefs and Patrick symbolises Catholic teachings, which, starting in the fifth century A.D. with Patrick as a key missionary, did indeed drive out the “pagan snakes” from Ireland. The Jewish story of the wily serpent deceiving Eve and Adam and bringing about their banishment from paradise was taken …

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The Eradication Of Manual Hop Picking As A Rural Tradition Due To The Brewing And Economic Crisis In Post-War Britain, Judith Boyle May 2026

The Eradication Of Manual Hop Picking As A Rural Tradition Due To The Brewing And Economic Crisis In Post-War Britain, Judith Boyle

Dublin Gastronomy Symposium

Manual hop-picking during the late nineteenth and early twentieth centuries represented far more than a form of agricultural labour; it constituted a significant seasonal activity that connected urban working-class communities with rural economies. In the hop-growing regions of Kent, in particular, hop-picking developed into an important cultural tradition that served simultaneously as seasonal employment, a temporary escape from urban life, a working holiday, and a source of supplementary income for working-class families. However, the rationalisation and mechanisation of agriculture, combined with the brewing industry’s increasing emphasis on efficiency and cost reduction within a changing British economic and consumer environment, contributed …

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“Read This - And Keep It Carefully”: Emergency Recipes In Ireland (1939–1945), Gary Thompson May 2026

“Read This - And Keep It Carefully”: Emergency Recipes In Ireland (1939–1945), Gary Thompson

Dublin Gastronomy Symposium

Cookbooks published at a time of armed conflict contain practical advice on managing food shortages paired with patriotic nationalistic zeal. This paper examines the advice given to Irish households on cookery and household management in the pages of cookbooks and pamphlets published between 1939 and 1945, a period of political, economic and food supply upheaval colloquially referred to as The Emergency in Ireland. The recipes, advertisements and household advice reflect a growing crisis when the outcome of war was unknown to authors, while, in the domestic sphere, food and fuel shortages were increasingly impacting the home cook. Official food supply …

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The Second Life Of Information, Thomas D. Haley May 2026

The Second Life Of Information, Thomas D. Haley

Florida Law Review

Information permeates every aspect of modern life. It is the price we pay for access to online services and the form in which we embody creative works. Law and policymaking tend to focus on first-order uses and transactions; information for access serves as the paradigmatic example. But information enjoys a robust second life—one that constitutes the true value and power that drives firms’ decisionmaking—as assets. Once aggregated and assetized, the power and risk associated with information increases exponentially.

To explore the implications of information’s second life, this Article introduces the concept of “untethered information.” Assetization depends on severing the connections …

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The Uneasy Case For Copyright Disgorgement, Roy Baharad May 2026

The Uneasy Case For Copyright Disgorgement, Roy Baharad

Florida Law Review

Along with lost profits damages designed to put copyright owners in the position they would have occupied in the absence of infringement, copyright law entitles rightsholders to seek disgorgement of any additional profits elicited by infringers. The disgorgement remedy is designed to infuse principles of unjust enrichment into copyright doctrine, allowing owners to collect any ill-gotten gain creditable to the infringement. Despite its prominence, this Article reveals a hitherto overlooked problem in applying the disgorgement remedy to copyright infringement. As a baseline for the analysis, this Article embraces the canonic distinction between two types of infringements: imitations and improvements. Imitation …

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Reputation Reconsidered, James Gibson May 2026

Reputation Reconsidered, James Gibson

Florida Law Review

Reputation has a great reputation. We know this because the law values, venerates, and subsidizes reputation in many ways. Contract law relies on it as a means of disciplining the market without the need for intrusive regulation. Defamation law lets individuals and businesses seek relief when their reputations are sullied. Trademark law grants exclusive rights in order to encourage rightsholders to invest in their reputations. In these fields and others, the law views reputation as an important, socially positive good.

This faith in the integrity and value of reputation is unwarranted. Our impression of any given business is subject to …

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The Model Constitutional Convention: A Simulated Exercise In Constitutional Reform, Stefanie A. Lindquist, Neta Borshansky May 2026

The Model Constitutional Convention: A Simulated Exercise In Constitutional Reform, Stefanie A. Lindquist, Neta Borshansky

Florida Law Review

This Essay explains how the Model Constitutional Convention (MCC) was structured and the amendments it produced. It reflects on the impact the event had on the participants and on how a national movement to host MCCs across the country might unfold. It concludes with thoughts about how the MCC might be improved in future years to simulate more closely the reality of legal, social, and political conditions in the United States—conditions that have the potential to shape constitutional reform efforts.

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Wealth Taxes Under The Constitution: An Originalist Analysis, David M. Schizer, Steven Gow Calabresi May 2026

Wealth Taxes Under The Constitution: An Originalist Analysis, David M. Schizer, Steven Gow Calabresi

Florida Law Review

A federal wealth tax is high on the wish list of progressives, but is it constitutional? This Article shows that under the original public meaning of the Constitution, a wealth tax is a “direct tax” that must be apportioned. This means that the percentage of revenue collected in each state must match its percentage of the population. For instance, if two states both have three percent of the population, each must provide three percent of the revenue. This leads to an unappealing outcome: if one state is less wealthy, it needs a higher tax rate to supply its share.

Article …

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Not The People: How Courts Cut Voters Out Of Amendment, Julie C. Suk May 2026

Not The People: How Courts Cut Voters Out Of Amendment, Julie C. Suk

Florida Law Review

This Article shows how courts following the Supreme Court’s decisions validating the Prohibition Amendment construed Article V of the Constitution to reduce the role of the people in amending the Constitution. Article V primarily empowers Congress to propose amendments and state legislatures to ratify them, with the possibility of Congress authorizing ratifying conventions in the states. With the Prohibition Amendment, the people attempted to invoke their legislative power under state constitutions to authorize referenda to control the legislatures’ decisions on ratification. The Supreme Court advanced a rigid construction of Article V to exclude state referenda from the federal amendment process, …

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Assessing The Benefits And Risks Of Constitutional Conventions: Insights From America's State Constitutional Tradition, John Dinan May 2026

Assessing The Benefits And Risks Of Constitutional Conventions: Insights From America's State Constitutional Tradition, John Dinan

Florida Law Review

Drawing on the 250 state constitutional conventions held in the United States, I consider whether conventions have achieved the benefits touted by supporters and avoided the risks highlighted by critics. Conventions have frequently achieved reforms unattainable through other processes and enabled a comprehensive review of proposed changes and their relation to existing provisions. The historical record provides little support for concerns about runaway conventions enacting measures unanticipated and unsupported by the public. The expectation that conventions will submit their work for public approval provides a powerful incentive for delegates to refrain from recommending reforms that run counter to public preferences, …

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The Double Bind Of The United States Constitution, Sanford Levinson May 2026

The Double Bind Of The United States Constitution, Sanford Levinson

Florida Law Review

An earlier version of this Comment was delivered as part of the Poucher Lecture Series. This Comment was on the importance of state constitutional conventions, and the author took advantage of the topic to explain why it so important to imagine a new national constitutional convention because of the patent problems of the United States Constitution.

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How Constitutions Die, Richard Albert May 2026

How Constitutions Die, Richard Albert

Florida Law Review

There are three models of constitutional time in the world—each a shorthand for how and when constitutional life begins and ends: the grenade, the hourglass, and the sundial. In much of the world, the grenade model prevails. Under this model of constitutional time, the lifespan of a constitution is unpredictable: chaos reigns amid lawlessness, disorder, and even violence as shocks, internal or external, explode without warning to spark a constitutional refounding. By contrast, the hourglass model of constitutional time prioritizes rules, order, and transparency: political elites simply flip the hourglass in compliance with law to restart the constitutional clock and …

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The Summer Of 2025: The De-Purification Of Louisiana Comparative Fault And Selected Other Tort "Reform", Thomas C. Galligan, Jr. May 2026

The Summer Of 2025: The De-Purification Of Louisiana Comparative Fault And Selected Other Tort "Reform", Thomas C. Galligan, Jr.

LSU Law Journal for Social Justice & Policy

No abstract provided.

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Chilling Effect Or Safety Measure? Scrutinizing Louisiana's 25-Foot Buffer Law, Madison Adams May 2026

Chilling Effect Or Safety Measure? Scrutinizing Louisiana's 25-Foot Buffer Law, Madison Adams

LSU Law Journal for Social Justice & Policy

No abstract provided.

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Richmond Agitation-Sedation Scoring Implementation In A Critical Access Hospital, Jasmine A. Hobbs May 2026

Richmond Agitation-Sedation Scoring Implementation In A Critical Access Hospital, Jasmine A. Hobbs

Doctor of Nursing Practice Scholarly Projects

Mechanically ventilated patients who are boarding in rural emergency departments face an increased risk of inconsistent sedation management due to the lack of standardized protocols and the extended transfer times to higher levels of care. The variability in sedation practices can lead to both under- and over-sedation, which negatively affects patient comfort, safety, and clinical outcomes. Research suggests that sedation protocols incorporating the Richmond Agitation-Sedation Scale (RASS) can shorten mechanical ventilation duration and improve clinical outcomes. The purpose of this project was to evaluate the effectiveness of a targeted educational intervention on improving nursing knowledge and comfort with the RASS …

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Teamsters Local Union No 107 V. Madison Concrete Construction May 2026

Teamsters Local Union No 107 V. Madison Concrete Construction

2026 Decisions

USDC for the Eastern District of Pennsylvania

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