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Full-Text Articles in Law

Front Matter And Table Of Contents May 2024

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Masthead May 2024

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda May 2024

Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda

University of Miami Inter-American Law Review

Shareholders’ agreements are quite common in many jurisdictions. Theory and empirical evidence suggest that they may have a positive or a negative impact on corporate governance structures depending on companies’ characteristics and on the goals that these contracts pursue. Shareholders’ agreements may be used as Control Enhancement Mechanisms (CEM) allowing controllers to circumvent rules that favor minority investors. However, comparing to other CEM, in many countries information regarding them is scarce. Is it necessary that shareholders’ agreements in public corporations be fully informed?

We examine the case of Chile (a country that only requires to inform that a shareholder agreement …


The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens May 2024

The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens

University of Miami Inter-American Law Review

This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …


Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian May 2024

Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian

University of Miami Inter-American Law Review

This Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun.


The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera May 2024

The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera

University of Miami Inter-American Law Review

In 2021, the Department of Homeland Security issued immigration guidelines that de-emphasized detention and removal of non-citizens who, aside from being undocumented, are otherwise contributing members of communities across the United States. However, Arizona, Montana, Ohio, Texas, and Louisiana challenged these guidelines, launching a nuanced legal dispute that concerned states standing under Article III, prosecutorial discretion, and nationwide preliminary injunctions. In United States v. Texas, the Court ruled 8-1 that the states lacked standing and reversed the Fifth Circuit’s nationwide injunction, but the majority opinion failed to address the other legal issues that are pressing on a rife debate about …


Front Matter And Table Of Contents Dec 2023

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Masthead Dec 2023

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents May 2022

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


The Cost Of Access To Justice Revisited— The ‘Age Of Austerity’ In Brazilian Civil Procedure Five Years Later. Winds Of Change?, Antonio Gidi, Hermes Zaneti Jr. May 2021

The Cost Of Access To Justice Revisited— The ‘Age Of Austerity’ In Brazilian Civil Procedure Five Years Later. Winds Of Change?, Antonio Gidi, Hermes Zaneti Jr.

University of Miami Inter-American Law Review

No abstract provided.


Front Matter & Table Of Contents May 2021

Front Matter & Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Masthead May 2021

Masthead

University of Miami Inter-American Law Review

No abstract provided.


A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble Feb 2021

A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble

University of Miami Inter-American Law Review

No abstract provided.


Prefatory Matter And Table Of Contents May 2020

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias May 2020

Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias

University of Miami Inter-American Law Review

No abstract provided.


Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid May 2020

Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid

University of Miami Inter-American Law Review

No abstract provided.


The Death Of The Autonomous Venezuelan Judiciary, Amid Bennaim May 2020

The Death Of The Autonomous Venezuelan Judiciary, Amid Bennaim

University of Miami Inter-American Law Review

Access to impartial and effective courts is the cornerstone of democratic civil society. When the intention of political actors is to extinguish democratic civil society, they often wear away at the autonomy of the judiciary. International law and the constitutions of many states throughout the world guarantee access to autonomous courts. Despite having such guarantees in place, the government of the Bolivarian Republic of Venezuela has consistently attacked the judiciary in order to erode its autonomy and bring it under political control. Strategies used to achieve that goal include purging judges, intimidating them, and preventing judges from getting tenure. As …


Masthead Dec 2019

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents Dec 2019

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo Dec 2019

Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo

University of Miami Inter-American Law Review

The regulation of incorporated companies in Latin America and Continental Europe appears to distance itself from that in the United States. It differs in how it structures itself and handles incorporation, incorporators, piercing, governance, discipline, and shareholders. In their regulatory exertions, both regimes rely, certainly, on legislation and adjudication yet do so differently, qualitatively in addition to quantitatively.

Apparently, civil and common law continue to specialize respectively though not exclusively in statutes and binding precedents. Still, they ever more frequently intrude into each other’s apparent specialty, while leaving their own imprint on it. The tendency to converge coexists with that …


How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears Dec 2019

How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears

University of Miami Inter-American Law Review

“How Animal Science Products, Inc. Plays a Role in the China and U.S. International Relations Saga” takes a look at a June 2018 Supreme Court decision that ruled federal courts are not bound to defer to a foreign government’s interpretation of its own law. This paper discusses the pros and cons of absolute deference to foreign governments in these instances, in addition to examining the effectiveness of foreign amicus briefs in antitrust cases before the Supreme Court. This paper finishes with a discussion on the current state of international relations China and the U.S., with a summary of where the …


Mexico’S National Anti-Corruption System: Reaching The Finish Line?, Dr. Roberto Carlos Fonseca Apr 2019

Mexico’S National Anti-Corruption System: Reaching The Finish Line?, Dr. Roberto Carlos Fonseca

University of Miami Inter-American Law Review

No abstract provided.


Simple Legal Writing Can Improve Business Outcomes In Latin America, Leon C. Skornicki Apr 2019

Simple Legal Writing Can Improve Business Outcomes In Latin America, Leon C. Skornicki

University of Miami Inter-American Law Review

No abstract provided.


Banking On Blockchains: A Transformative Technology Reshaping Latin American And Caribbean Economies, Robert W. Rust Ii Apr 2019

Banking On Blockchains: A Transformative Technology Reshaping Latin American And Caribbean Economies, Robert W. Rust Ii

University of Miami Inter-American Law Review

No abstract provided.


Prefatory Matter And Table Of Contents Jan 2019

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser Jan 2019

Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser

University of Miami Inter-American Law Review

No abstract provided.


Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis Jan 2019

Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis

University of Miami Inter-American Law Review

No abstract provided.


The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz Jan 2019

The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz

University of Miami Inter-American Law Review

No abstract provided.


Will Corruption In Argentina Prevent The Protection Of Personal Tax Information It Exchanges Under Its Fatca And Crs Commitments?, Jihan Jude Jan 2019

Will Corruption In Argentina Prevent The Protection Of Personal Tax Information It Exchanges Under Its Fatca And Crs Commitments?, Jihan Jude

University of Miami Inter-American Law Review

No abstract provided.


Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro May 2018

Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro

University of Miami Inter-American Law Review

No abstract provided.