Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Miami Law School (25)
- SelectedWorks (8)
- University of Michigan Law School (8)
- Florida International University College of Law (6)
- Maurer School of Law: Indiana University (6)
-
- University of Georgia School of Law (6)
- Selected Works (5)
- BLR (3)
- University of Richmond (3)
- Nova Southeastern University (2)
- American University Washington College of Law (1)
- California Western School of Law (1)
- Fordham Law School (1)
- Penn State Law (1)
- Pepperdine University (1)
- University of Kentucky (1)
- Publication Year
- Publication
-
- University of Miami Inter-American Law Review (19)
- Faculty Publications (6)
- Georgia Journal of International & Comparative Law (6)
- Michigan Law Review (6)
- Indiana Journal of Global Legal Studies (5)
-
- Articles (3)
- ExpressO (3)
- Ligia M. De Jesus (3)
- Richmond Journal of Global Law & Business (3)
- University of Miami International and Comparative Law Review (3)
- Faculty Scholarship (2)
- Gabriel L. Negretto (2)
- ILSA Journal of International & Comparative Law (2)
- American University Law Review (1)
- Book Chapters (1)
- Christopher J. Walker (1)
- Diego Gil Mc Cawley (1)
- Edgardo Muñoz (1)
- Erin Daly (1)
- Eugenio J. Cárdenas (1)
- Indiana Law Journal (1)
- James M. Cooper (1)
- Kentucky Law Journal (1)
- M. C. Mirow (1)
- Michigan Journal of International Law (1)
- Naomi Roht-Arriaza (1)
- Penn State International Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Publication Type
- File Type
Articles 31 - 60 of 78
Full-Text Articles in Entire DC Network
Globalization Of Securities Enforcement: A Shift Toward Enhanced Regulatory Intensity In Brazil’S Capital Market?, Eugenio J. Cárdenas
Globalization Of Securities Enforcement: A Shift Toward Enhanced Regulatory Intensity In Brazil’S Capital Market?, Eugenio J. Cárdenas
Eugenio J. Cárdenas
This Paper, written for the “Globalization of the United States Litigation Model” symposium at Brooklyn Law School (October 21, 2011), inquires on whether emerging capital markets are shifting toward enhanced regulatory intensity in the enforcement of their securities laws, under the context of global legal convergence. It ventures into this puzzle of globalization, corporate law enforcement, and financial development, in light of the increasing phenomenon of regulatory convergence and international cooperation among securities regulators, in the realm of capital market surveillance and enforcement.
Focus is placed on the emerging Latin American region, namely Brazil’s securities market. The study explores Brazil’s …
Dignity In The Service Of Democracy, Erin Daly
Dignity In The Service Of Democracy, Erin Daly
Erin Daly
At a broad level, perhaps the most noticeable trend in Latin American constitutional law is the increasing muscularity of constitutional tribunals. Throughout the region, particularly in South America, tribunals charged with interpreting their country’s constitution are increasingly asserting themselves and inserting themselves into public controversies, from abortion to same sex marriage to the rights of political association. This heightened judicial activity can come at a cost to democracy: typically, the more social issues are decided by unelected and unaccountable judges rather than through a political process, the less the people control the resolution of those issues. The more outcomes are …
Shifting Constitutional Designs In Latin America. A Two-Level Explanation, Gabriel L. Negretto
Shifting Constitutional Designs In Latin America. A Two-Level Explanation, Gabriel L. Negretto
Gabriel L. Negretto
Latin American countries have been riding a massive wave of constitutional change since 1978. One aspect of the political institutions selected as a result of this process seems particularly puzzling. Reforms that promote party pluralism and consensual decision making coexist, often within the same design, with other reforms that restrict party competition and foster concentration of power in the executive branch. This Article argues that constitutional choice is endogenous to the performance of preexisting constitutional structures and to the partisan interests and relative power of reformers. According to this theory, the seemingly contradictory trends of design that we observe in …
The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol
The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmilla Mendonça Lopes Ribeiro, Zachary D. Kaufman, Claudio Grossman, Patricia Camino
Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmilla Mendonça Lopes Ribeiro, Zachary D. Kaufman, Claudio Grossman, Patricia Camino
University of Miami Inter-American Law Review
No abstract provided.
Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino
Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino
University of Miami Inter-American Law Review
No abstract provided.
It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes, Don Peters
Richmond Journal of Global Law & Business
This article examines legal cultural and other factors influencing the resistance to mediating commercial disputes displayed by U.S. and Latin American lawyers. After surveying current contexts in which commercial mediation occurs in the United States and in Latin American countries and summarizing data regarding commercial ac- tors’ knowledge of the benefits of mediating, it analyzes the relatively infrequent use of mediation despite its potential advantages over adju- dicating. Focusing on lawyers, the article next explores factors that influence U.S. and Latin American lawyers when they converse with commercial clients about selecting dispute resolution methods. Analyzing similarities arising from universal decision-making …
Hate Speech And The Language Of Racism In Latin America: A Lens For Reconsidering Global Hate Speech Restrictions And Legislation Models, Tanya K. Hernandez
Hate Speech And The Language Of Racism In Latin America: A Lens For Reconsidering Global Hate Speech Restrictions And Legislation Models, Tanya K. Hernandez
Faculty Scholarship
In Latin America, like many countries in Europe, hate speech is prohibited. Yet Latin America is rarely included in the transnational discussion regarding the regulation of hate speech. Instead, the discourse focuses on a comparison of the advisability of Europe's hate speech regulations and free speech acceptance of hate speech in the United States. As a result, the ability to fundamentally examine the connections between hate speech and inequality, in addition to the most effective legal mechanisms for addressing it, is undermined. It is especially critical to broaden the hate speech debate now that we are seeing an apparent rise …
Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz
Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz
Edgardo Muñoz
No abstract provided.
Private Enforcement Against International Cartels In Latin America: A Us Perspective, Daniel A. Crane
Private Enforcement Against International Cartels In Latin America: A Us Perspective, Daniel A. Crane
Book Chapters
A recent empirical study estimates that from 1990 to the end of 2005, 283 private international cartels were discovered and that the overcharges from these cartels totaled $500 billion. Estimates of the percentage of all detected cartels range from one in six or seven to one in 10. If the one in 10 number is correct, that would mean that overcharges from international cartels in the last 15 years were $5 trillion, or about $330 billion per year. Even assuming that the detection rate is higher today due to the success of the US Justice Department's leniency program and stepped …
Writing The Law Of Latin America, Jorge L. Esquirol
Writing The Law Of Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
University of Miami Inter-American Law Review
No abstract provided.
Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper
Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper
Faculty Scholarship
This article is about developing the rule of law in Latin America using popular popular culture and modeling the United States' experience.
The Failed Law Of Latin America, Jorge L. Esquirol
The Failed Law Of Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Legal Research In The Americas: Where To Begin, Robin Schard
Legal Research In The Americas: Where To Begin, Robin Schard
University of Miami Inter-American Law Review
No abstract provided.
Corporate Governance In Latin America: A Functional Análisis, Francisco Reyes
Corporate Governance In Latin America: A Functional Análisis, Francisco Reyes
University of Miami Inter-American Law Review
No abstract provided.
Judicial Independence And The Rule Of Law: Lessons From Post-Menem Argentina, Christopher J. Walker
Judicial Independence And The Rule Of Law: Lessons From Post-Menem Argentina, Christopher J. Walker
Christopher J. Walker
Argentina, like much of Latin America, has historically been plagued by what some call delegative democracy or a democracy without any developed rule of law. However, the Kirchner Administration has brought a glimmer of hope to the twentieth-first-century Argentine democracy. President Néstor Kirchner was elected in 2003, after what was probably the most serious institutional, financial, and economic crisis in Argentina in recent times. When elected, Kirchner promised to address the perceived lack of independence of the Supreme Court and to restore the rule of law. This paper explains why Kirchner's efforts, without more, will not be enough to (re-)build …
Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow
Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow
Faculty Publications
In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy …
When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise
When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise
ExpressO
The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.
When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise
When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise
ExpressO
"When the Inquisitorial and Adversary Systems Collide: Teaching Trial Advocacy to Latin American Lawyers" The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.
The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow
The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow
Faculty Publications
Following Maitland's famous observation on the place of the forms of action in English law at the beginning of the twentieth century, this essay argues that the Code Napoleon has had a similar effect on Latin American law. It examines various factors that have served to bury the Code and those that have served to continue its rule in Latin America. For Latin America, the author paraphrases Maitland to assert that the Code Napoleon we have buried, but it still rules us from its grave.
Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem
Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem
ExpressO
Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
University of Miami Inter-American Law Review
No abstract provided.
Corporate Governance In The Emerging Markets Of The Global Village: Latin And South America, Rhoda Karpatkin
Corporate Governance In The Emerging Markets Of The Global Village: Latin And South America, Rhoda Karpatkin
Richmond Journal of Global Law & Business
Corporate governance scandals in America have focused public attention once again on global governance issues. Issues that are not solely corporate or business concerns, they have become public, political, and ethical concerns. They have become economic concerns, particularly due to the erosion of public confidence in the integrity of corporate leadership and the institutions that are charged with their oversight.
Latcrit Theory: Some Preliminary Notes Towards A Transatlantic Dialogue, Elizabeth M. Iglesias
Latcrit Theory: Some Preliminary Notes Towards A Transatlantic Dialogue, Elizabeth M. Iglesias
University of Miami International and Comparative Law Review
No abstract provided.
Postcolonial Encounters In The Postpinochet Era: A Latcrit Perspective On Spain, Latinas/Os And "Hispanismo" In The Development Of International Human Rights, Francisco Valdes
Postcolonial Encounters In The Postpinochet Era: A Latcrit Perspective On Spain, Latinas/Os And "Hispanismo" In The Development Of International Human Rights, Francisco Valdes
University of Miami International and Comparative Law Review
No abstract provided.
Should Latinamerican Prosecutors Be Independent Of The Executive In Prosecuting Government Abuses?, Philip B. Heymann
Should Latinamerican Prosecutors Be Independent Of The Executive In Prosecuting Government Abuses?, Philip B. Heymann
University of Miami Inter-American Law Review
No abstract provided.
The Post-Cold War Era: Renewed Hope For International Law In The Inter-American System, Andrés Franco
The Post-Cold War Era: Renewed Hope For International Law In The Inter-American System, Andrés Franco
University of Miami International and Comparative Law Review
No abstract provided.
The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter
The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter
Michigan Journal of International Law
This Note examines the origins, development, and mechanics of debt-equity swap programs in Latin America before discussing the various goals and policy considerations involved in formulating debt-equity swap programs. Next, the Note describes Russia's debt situation and sketches the outlines of a debt-equity swap program that will reduce Russia's foreign debt while stimulating foreign direct investment.
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
University of Miami Inter-American Law Review
No abstract provided.