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With Coronavirus Ravaging The Economy, Congress Shows Highest Tax Priorities: An Exploration Of The Provisions In The Cares Act And Beyond, Paul Nylen, Brian Huels, Shane Wheeler Dec 2021

With Coronavirus Ravaging The Economy, Congress Shows Highest Tax Priorities: An Exploration Of The Provisions In The Cares Act And Beyond, Paul Nylen, Brian Huels, Shane Wheeler

University of Miami Business Law Review

The virus known as SARS–CoV–21 (Coronavirus) swept over the United States in ways that no other crisis has affected modern society. While the Spanish Flu of 1918 has often been cited for its pandemic similarities to the Coronavirus, from an economic standpoint the attacks of September 11, 2001, and the Great Recession of 2008 are perhaps the Coronavirus’s best analogy for the modern economic carnage that has occurred. In those previous events, Congress responded with sweeping legislation like Dodd–Frank and the Patriot Act. With the Coronavirus, Congress responded with the CARES Act. Within the CARES Act are historical changes to …


Bad Law Or Just Bad Timing?: Post-Pandemic Implications Of Managed Care Advisory Group, Llc V. Cigna Healthcare, Inc.’S Ban On The Use Of Virtual Technology For Taking Non-Party Evidence Under Section 7 Of The Federal Arbitration Act, Latoya C. Brown Jul 2021

Bad Law Or Just Bad Timing?: Post-Pandemic Implications Of Managed Care Advisory Group, Llc V. Cigna Healthcare, Inc.’S Ban On The Use Of Virtual Technology For Taking Non-Party Evidence Under Section 7 Of The Federal Arbitration Act, Latoya C. Brown

University of Miami Law Review

The COVID-19 pandemic has had an enormous socio-economic impact globally. To continue operations, the legal field, like other sectors, has had to adapt to the exigencies of the pandemic by, inter alia, becoming increasingly reliant on remote technologies to conduct business. Yet, only a few months before COVID-19 was declared a pandemic, the Eleventh Circuit ruled in Managed Care Advisory Group, LLC v. CIGNA Healthcare, Inc., 939 F.3d 1145 (11th Cir. 2019), that Section 7 of the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 7, prohibits prehearing discovery and does not allow a summonsed witness to appear in locations …


Border Solutions From The Inside, Raquel E. Aldana May 2021

Border Solutions From The Inside, Raquel E. Aldana

University of Miami Race & Social Justice Law Review

No abstract provided.


Covid-19 And The Caregiving Crisis: The Rights Of Our Nation’S Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley May 2021

Covid-19 And The Caregiving Crisis: The Rights Of Our Nation’S Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley

University of Miami Race & Social Justice Law Review

On March 2020, the United States declared a pandemic due to the global Covid-19 virus. Across the nation and within a matter of days, workplaces, schools, childcare, and eldercare facilities shuttered. People retreated to their homes to shelter-in-place and slow the spread of the virus for what would become a much longer time than most initially anticipated. Now, more than a year into the pandemic, many professional and personal lives have been upended and become inextricably intertwined. Work is now home, and home is now work. Work is completed at all times of day and well into the night. Children …


Foreword: Promoting And Defending Civil Rights In A Time Of Coronavirus, Elizabeth M. Iglesias May 2021

Foreword: Promoting And Defending Civil Rights In A Time Of Coronavirus, Elizabeth M. Iglesias

University of Miami Race & Social Justice Law Review

No abstract provided.


Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias May 2021

Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias

University of Miami Race & Social Justice Law Review

Our own experience has corroborated the lessons taught by the examples of other nations; . . . that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction. Should such emergencies at any time happen under the national government, there could be no remedy …


Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco May 2021

Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco

University of Miami Race & Social Justice Law Review

No abstract provided.


Covid-19, Lying, Mask-Less Exposures And Disability During A Pandemic, Madeleine M. Plasencia May 2021

Covid-19, Lying, Mask-Less Exposures And Disability During A Pandemic, Madeleine M. Plasencia

University of Miami Race & Social Justice Law Review

This article focuses on disability law in the context of COVID-19. In dealing with this pandemic, businesses, schools and other covered entities have to navigate and manage (at least) three different categories of people congregating. First are those who act as if there were no pandemic at all; they simply do not care if they are contagious and insist upon not complying with safety precautions, such as mask-wearing and social distancing; second are people who have medical conditions that make them especially vulnerable and at high-risk for severe symptoms associated with the infection; third are people who have already contracted …