Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 42
Full-Text Articles in Law
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
University of Miami Inter-American Law Review
Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …
Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson
Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson
University of Miami Inter-American Law Review
The Preventing Future Pandemics Act was introduced to mitigate zoonotic disease threats around the world by focusing policy efforts on the closure of wildlife markets that gave rise to COVID–19. This Note challenges the efficacy of wildlife market closure policy by considering cultural, socioeconomic, and legal factors for the existence of wildlife market within megadiverse countries in Latin America. Based on scientific research on the animal-to-human interface and zoonotic disease transmission, this Note suggests effective policy should incorporate a targeted species ban for reservoir species, improved sanitary measures and disease surveillance, and wildlife trafficking prevention. Ultimately, this Note calls for …
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
University of Miami Inter-American Law Review
In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government agency.
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.
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.
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
University of Miami Inter-American Law Review
No abstract provided.
The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak
The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak
University of Miami International and Comparative Law Review
No abstract provided.
Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro
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.
Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg
Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg
University of Miami Inter-American Law Review
No abstract provided.
The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger
The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger
University of Miami Inter-American Law Review
No abstract provided.
The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch
The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch
University of Miami Inter-American Law Review
In this article, I discuss a flaw in Brazilian civil procedure observed in my practice as a Federal Labor Judge in Brazil, an issue that may be addressed by limiting appellate review in a similar fashion as the American courts do, using standards of appellate review. In Brazil, appellate courts tend to ignore the lower court’s decisions, replacing them for the ruling they would have made had they been the original decision makers. A simple disagreement with the lower court’s findings of fact or discretionary rulings, no matter how reasonable, is sufficient grounds for reversal. The lack of standards of …
Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda
Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda
University of Miami Inter-American Law Review
Today in Brazil, it takes over eleven years to receive legal rights to an invention by means of a patent. This state of affairs provides inadequate intellectual property protection for inventors and businesses, hampering Brazil’s desire to accelerate innovation, entrepreneurship, and economic growth through a national patent system. But a new Joint Agreement between the Government of the United States and the Government of the Federative Republic of Brazil could mean rescue is on the way. Both governments agreed to engage in patent work sharing programs between the two patent offices, in hopes of increased efficiency. Yet, some scholars have …
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
University of Miami Inter-American Law Review
This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …
The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja
The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja
University of Miami Inter-American Law Review
This article selects four landmark events: the enactment of Law No. 9.307 on Sept. 23, 1996 (the “1996 Arbitration Law”); (ii) the recognition of the constitutionality of such law by the Supreme Court in 2001; (iii) the ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2002; and (iv) the enactment of Law No. 13.129 on May 26, 2015 (the “Amendment”). The first three events are analyzed jointly with the fourth event, in order to identify novel important legal issues involving arbitration in Brazil: (a) subject arbitrability concerning state and state entities; (b) …
Affirmative Action In Brazil: Its Recent Developments And The Argument For A Narrow Federalism Doctrine, Thomas W. Davis
Affirmative Action In Brazil: Its Recent Developments And The Argument For A Narrow Federalism Doctrine, Thomas W. Davis
University of Miami Race & Social Justice Law Review
No abstract provided.
Recent Important Decisions By Thebrazilian Supreme Court, Keith S. Rosenn
Recent Important Decisions By Thebrazilian Supreme Court, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Mechanisms Of Control On The Circulation Of Foreign Capital, Products And People In Brazil, Quinn Smith, Olavo Franco Bernardes
Mechanisms Of Control On The Circulation Of Foreign Capital, Products And People In Brazil, Quinn Smith, Olavo Franco Bernardes
University of Miami Inter-American Law Review
No abstract provided.
Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley
Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley
Articles
No abstract provided.
Access To Justice And The Permissive State: The Brazilian Experience , Carmen Hein De Campos
Access To Justice And The Permissive State: The Brazilian Experience , Carmen Hein De Campos
University of Miami Law Review
No abstract provided.
Negative Impacts Of Abortion Criminalization In Brazil: Systematic Denial Of Women's Reproductive Autonomy And Human Rights, Beatriz Galli
Negative Impacts Of Abortion Criminalization In Brazil: Systematic Denial Of Women's Reproductive Autonomy And Human Rights, Beatriz Galli
University of Miami Law Review
No abstract provided.
Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn
Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn
Articles
Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights …
Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão
Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão
University of Miami International and Comparative Law Review
Due to an emerging Brazilian doctrine of environmental liability, lenders now face the prospect of lawsuits that seek remediation of, or compensation for, environmental damages resulting from their borrowers' activities. Unprecedented judicial decisions (based on a strict, joint and several environmental liability for lenders) broad standing, and ongoing initiatives of the government portray financial institutions as the best target to pursue environmental protection in the country. That scenario, however, may represent a detour from the imperative improving the functionality of the public administration. This article examines how legal actors are shaping Brazil's environmental law enforcement and the extent to which …
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.
Informal Land Subdivision And Real Estate Regularization: A Comparative Study Between Colombia And Brazil, Alexandre Dos Santos Cunha
Informal Land Subdivision And Real Estate Regularization: A Comparative Study Between Colombia And Brazil, Alexandre Dos Santos Cunha
University of Miami Inter-American Law Review
No abstract provided.
Separation Of Powers In Brazil, Keith S. Rosenn
Federalism In Brazil, Keith S. Rosenn
Intellectual Property Rights And The Digital Era: Argentina And Brazil, Marcos J. Basso, Adriana C.K. Vianna
Intellectual Property Rights And The Digital Era: Argentina And Brazil, Marcos J. Basso, Adriana C.K. Vianna
University of Miami Inter-American Law Review
No abstract provided.
Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados
Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados
University of Miami Inter-American Law Review
No abstract provided.
Dispute Resolution In Mercosul: The Protocol Of Las Leñas And The Case Law Of The Brazilian Supreme Court, Nadia De Araujo
Dispute Resolution In Mercosul: The Protocol Of Las Leñas And The Case Law Of The Brazilian Supreme Court, Nadia De Araujo
University of Miami Inter-American Law Review
No abstract provided.
Some Controversial Aspects Of The New Brazilian Arbitration Law, Arnoldo Wald, Patrick Schellenberg, Keith S. Rosenn
Some Controversial Aspects Of The New Brazilian Arbitration Law, Arnoldo Wald, Patrick Schellenberg, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn
Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn
Articles
No abstract provided.