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Articles 1 - 30 of 123
Full-Text Articles in Entire DC Network
The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack
The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack
Articles
After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Articles
It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …
Gonzales V. Carhart: The Partial Termination Of The Right To Choose, Laura J. Tepich
Gonzales V. Carhart: The Partial Termination Of The Right To Choose, Laura J. Tepich
University of Miami Law Review
No abstract provided.
Introduction To The Symposium On Corss-Border Family Mediation With And Emphasis On The 1980 Hague Convention On The Civil Aspects Of International Child Abduction, Melvin A. Rubin
University of Miami Inter-American Law Review
No abstract provided.
In Memoriam Professor Alan C. Swan
In Memoriam Professor Alan C. Swan
University of Miami Business Law Review
No abstract provided.
Who's At Risk? Abbott And Costello Take On Section 465, Ajay Gupta
Who's At Risk? Abbott And Costello Take On Section 465, Ajay Gupta
University of Miami Business Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros
Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros
University of Miami International and Comparative Law Review
This article examines the course of tobacco litigation in the United States and its implications for law and policy on both the national and international levels. In our view, the disparate legal traditions and attitudes of countries outside the United States will lead the majority of such states to opt for the direct and transparent regulation of tobacco activities through formal and perhaps consensual channels. This will likely promote effective tobacco control without the policy mix encompassing a period of prolonged litigation buttressed by settlement and regulation, which has characterized the U.S. process. Therefore, despite some increased litigation in the …
Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek
Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek
University of Miami International and Comparative Law Review
A unique tension exists between the World Trade Organization's various desires to level the international commercial trading field, and the United States' periodic desires to prioritize its own domestic goods and, in some cases, protect its own corporate citizens. This article will explore various historical rifts and what the future is likely to hold in light of Congress' passage of the American Jobs Creation Act of 2004.
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko
Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko
University of Miami Business Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Business Law Review
No abstract provided.
A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo
A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo
University of Miami Business Law Review
No abstract provided.
Going From The Frying Pan Into The Fire? A Critique Of The U.S. Treasury's Newly Proposed Section 987 Currency Regulations, Joseph Tobin
Going From The Frying Pan Into The Fire? A Critique Of The U.S. Treasury's Newly Proposed Section 987 Currency Regulations, Joseph Tobin
University of Miami Business Law Review
No abstract provided.
Stop! Are You Sure You Want To Throw Grandpa's Body Away?, Thomas A. Robinson
Stop! Are You Sure You Want To Throw Grandpa's Body Away?, Thomas A. Robinson
University of Miami Law Review
No abstract provided.
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Articles
No abstract provided.
Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes
Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes
University of Miami Law Review
No abstract provided.
Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro
Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro
University of Miami Inter-American Law Review
No abstract provided.
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
University of Miami Inter-American Law Review
No abstract provided.
Thunder In Paradise: The Interplay Of Broadening United States Anti-Money Laundering Legislation And Jurisprudence With The Caribbean Law Governing Offshore Asset Preservation, Evan Metaxatos
University of Miami Inter-American Law Review
No abstract provided.
When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen
When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen
University of Miami Inter-American Law Review
No abstract provided.
Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid
Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid
University of Miami Inter-American Law Review
No abstract provided.
"Democracy Begins At Home"--Notes From The Grassroots On Inequality, Voters, And Lawyers, Martha R. Mahoney
"Democracy Begins At Home"--Notes From The Grassroots On Inequality, Voters, And Lawyers, Martha R. Mahoney
University of Miami Law Review
No abstract provided.
Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky
Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky
University of Miami Law Review
No abstract provided.
The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair
The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair
University of Miami Law Review
No abstract provided.
Chilling Effects: The Communications Decency Act And The Online Marketplace Of Ideas, Anthony Ciolli
Chilling Effects: The Communications Decency Act And The Online Marketplace Of Ideas, Anthony Ciolli
University of Miami Law Review
No abstract provided.
Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver
Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver
University of Miami Law Review
No abstract provided.
The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio
University of Miami International and Comparative Law Review
The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will …