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Articles 31 - 60 of 202
Full-Text Articles in Law
Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid
University of Miami International and Comparative Law Review
International arbitration offers many rights, such as the right to counsel of choice and the right to an independent and impartial arbitration panel and proceeding. However, these guarantees, while they ensure the rights of parties and allow international arbitration to be a viable dispute resolution forum, can also be used as weapons. The viability of these rights as weapons is what reconciles the seemingly conflicting cases of Hrvatska v. Slovenia and Rompetrol v. Romania. Hrvatska sets forth an arbitration tribunal's inherent right to ensure and regulate the proceedings so as to guarantee the rights offered by international arbitration, while …
Business-Related Criminal Law In Europe: A Critical Inventory, Klaus Tiedemann, Edgardo Rotman (Translator)
Business-Related Criminal Law In Europe: A Critical Inventory, Klaus Tiedemann, Edgardo Rotman (Translator)
University of Miami International and Comparative Law Review
No abstract provided.
Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker
University of Miami International and Comparative Law Review
No abstract provided.
Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis
Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis
University of Miami International and Comparative Law Review
According to the traditional theory of judicial decision-making, legal rules constrain judicial creativity because they entail an objectively correct legal answer. Therefore, even if judges want to engage in judicial legislation they are nonetheless constrained by legal rules. This article argues that this understanding is flawed. First, the selection effect ensures that most cases that reach international courts revolve around uncertain legal rules. Second, various cannons of construction will usually allow judges to ascertain several equally plausible legal rules; judges are likely to select those rules which favor their preferred outcome of the case; and their preferred outcome will be …
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
University of Miami International and Comparative Law Review
No abstract provided.
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
University of Miami International and Comparative Law Review
No abstract provided.
Rethinking The U.S. Approach To Material Adverse Change Clauses In Merger Agreements, Adam B. Chertok
Rethinking The U.S. Approach To Material Adverse Change Clauses In Merger Agreements, Adam B. Chertok
University of Miami International and Comparative Law Review
No abstract provided.
National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern
National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern
University of Miami International and Comparative Law Review
This article will assess both the problems and potential solutions to contemporary seaborne threats of piracy, robbery, and terrorism, and discuss challenges and opportunities for the domestic and international forums prosecuting the crimes that constitute piracy and maritime terrorism. In particular it will begin with a discussion of the (d)evolution of events in the late 20th Century, which has transformed the old problem of piracy into a modern scourge. Piratical tactics, techniques and procedures (TTP) gave rise to a distinctly different threat from that faced in the past. Accompanying this discussion is a survey of present-day piracy, followed by an …
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
University of Miami International and Comparative Law Review
The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …
¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo
¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo
University of Miami International and Comparative Law Review
This article attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile - a history of dictatorship, an information technology revolution, and strong trade with the European Union - its data protection laws are in fact very weak. What explains this apparent disconnect? This article challenges the conventional wisdom that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …
Out Of The Desert And To The Oasis: Legislation On Predatory Debt Investing, Ryan E. Avery
Out Of The Desert And To The Oasis: Legislation On Predatory Debt Investing, Ryan E. Avery
University of Miami International and Comparative Law Review
No abstract provided.
Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron
Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron
University of Miami International and Comparative Law Review
No abstract provided.
Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks
Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks
University of Miami International and Comparative Law Review
No abstract provided.
(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson
(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson
University of Miami International and Comparative Law Review
No abstract provided.
Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino
Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino
University of Miami International and Comparative Law Review
No abstract provided.
Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna
Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna
University of Miami International and Comparative Law Review
No abstract provided.
Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana
Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana
University of Miami International and Comparative Law Review
No abstract provided.
Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka
Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka
University of Miami International and Comparative Law Review
No abstract provided.
The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk
The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk
University of Miami International and Comparative Law Review
No abstract provided.
Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick
Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick
University of Miami International and Comparative Law Review
No abstract provided.
A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison
A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison
University of Miami International and Comparative Law Review
No abstract provided.
The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar
The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar
University of Miami International and Comparative Law Review
National flood insurance programs implement flood prevention, create flood zone land-use policy, and establish protocols for relief With climate change and development raising the risk and exposure of human populations to flood, the United States 'National Flood Insurance Program (NFIP) has been heavily scrutinized, especially in the wake of Hurricane Katrina. This article examines the validity of the two main criticisms of NFIP, and seeks to inform a better understanding of NFIP's integrity through a comparative analysis between NFIP and several different flood insurance models in Europe. As a result, this analysis yields recommendations that can benefit NFIP, as well …
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
University of Miami International and Comparative Law Review
The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …
Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig
Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig
University of Miami International and Comparative Law Review
The United States and Canada two of the world's foremost modern, liberalized societies regularly combat an awkward and painful tension between free speech rights and the wellbeing of minors. Though there generally exists a consensus that child pornography represents a certain dark realm of material outside the oft-amorphous protections afforded speech, the establishment of an acceptable working definition of this criminal fodder has proven contentiously difficult. This paper explores each nation's struggles with this tension, through the lens of legislative efforts, judicial responses, and the productions that seem to perennially blur the line between art and crime. It is ultimately …
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.
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 …
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
University of Miami International and Comparative Law Review
In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
University of Miami International and Comparative Law Review
Human trafficking is a modern phenomenon with ancient roots; it is a degrading institution that generates billions of dollars annually; it is an international problem that sits in our own backyards. Because human trafficking raises, among many issues, questions of international law, human rights violations, global economic concerns and matters related to organized crime, a discussion on human trafficking could take many forms. This paper will attempt define human trafficking in a modern context; discuss the interplay between international, national, and state specific human trafficking laws; and provide analysis on where we need to go as part of an international …