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Articles 1 - 30 of 74
Full-Text Articles in Law
Feasibility Analysis Of Online Dispute Resolution In Developing Countries, Maria Mercedes Albornoz, Nuria González Martín
Feasibility Analysis Of Online Dispute Resolution In Developing Countries, Maria Mercedes Albornoz, Nuria González Martín
University of Miami Inter-American Law Review
No abstract provided.
Haiti: A Failed State? Democratic Process And Oas Intervention, Annabelle L. Torgman
Haiti: A Failed State? Democratic Process And Oas Intervention, Annabelle L. Torgman
University of Miami Inter-American Law Review
No abstract provided.
Wedlocked, Mary Patricia Byrn, Morgan L. Holcomb
Wedlocked, Mary Patricia Byrn, Morgan L. Holcomb
University of Miami Law Review
No abstract provided.
Democracy And Sustainability In Reconstructing Haiti: A Possibility Or A Mirage?, Irwin P. Stotzky, Brian Concannon Jr.
Democracy And Sustainability In Reconstructing Haiti: A Possibility Or A Mirage?, Irwin P. Stotzky, Brian Concannon Jr.
University of Miami Inter-American Law Review
No abstract provided.
Freedom Of Contact Without Fear Of Criminal Misconduct: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act , Erika Concetta Pagano
Freedom Of Contact Without Fear Of Criminal Misconduct: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act , Erika Concetta Pagano
University of Miami Law Review
No abstract provided.
No One Saw It Coming - Again Systemic Risk And State Foreclosure Proceedings: Why A National Uniform Foreclosure Law Is Necessary, Helen Mason
University of Miami Law Review
No abstract provided.
Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn
Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn
University of Miami Law Review
No abstract provided.
Us V. Aguilar And The Foreign Corrupt Practices Act: Sending An S.O.S. To Congress, Jared Chaykin
Us V. Aguilar And The Foreign Corrupt Practices Act: Sending An S.O.S. To Congress, Jared Chaykin
University of Miami Inter-American Law Review
No abstract provided.
Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier
Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier
University of Miami Inter-American Law Review
No abstract provided.
The Right To Be Taken Seriously , Jonathan Weinberg
The Right To Be Taken Seriously , Jonathan Weinberg
University of Miami Law Review
No abstract provided.
High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick
High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick
University of Miami 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.
New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar
New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar
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 …
Chronolawgy: A Study Of Law And Temporal Perception, Brian M. Stewart
Chronolawgy: A Study Of Law And Temporal Perception, Brian M. Stewart
University of Miami Law Review
No abstract provided.
Reframing Patent Remedies , Karen E. Sandrik
Reframing Patent Remedies , Karen E. Sandrik
University of Miami Law Review
No abstract provided.
Paving The Streets In Gold: A Comparative Analysis Of The 2012 Florida Gaming Bill , Todd Friedman
Paving The Streets In Gold: A Comparative Analysis Of The 2012 Florida Gaming Bill , Todd Friedman
University of Miami Law Review
No abstract provided.
Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer
Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer
University of Miami National Security & Armed Conflict Law Review
In Fall 2011, U.S. and EU negotiators agreed on new parameters for the collection, processing, use, storage and crossborder transfer of Passenger Name Record (PNR) data. 2011 also marks the tenth anniversary of the September 11, 2001 terrorist attacks on the World Trade Center in New York City and the Pentagon in Washington D.C., which provides the historic reason for the cooperation in this area. These two events thus provide a timely basis and background against which to review the ten year history of the cooperation between the U.S. and the EU in PNR information management.
This article maps the …
Masthead
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum
How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum
University of Miami National Security & Armed Conflict Law Review
This paper calls on the United States to assess where its true interests lie in evaluating genocide and mass killings. Through an examination of the social and political factors which were paramount in bringing about the atrocities in Cambodia in the late 1970s and Rwanda in the mid-1990s, the U.S. is urged to take heed of the tried-and-true methods used by ruthless regimes throughout history in bringing about the destruction of their own citizenry. Consideration of the psychological imperatives necessary for ordinary men or women to depart from the standard boundaries of civilized society and butcher their neighbors and countrymen …
Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser
Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser
University of Miami National Security & Armed Conflict Law Review
In response to gritty accounts of firefights involving private forces like Blackwater in Iraq and Afghanistan, many legal scholars have addressed the rising use of private forces—or mercenaries—in the 21st century under international law. Remarkably, only a few have attempted to understand why these forces are so objectionable. This is not a new problem. Historically, attempts to control private forces by bringing them under international law have been utterly ineffective, such as Article 47 of Additional Protocol II to the Geneva Conventions. In Silent Partners, I propose utilizing the norm against mercenary use as a theoretical framework to understand at …
Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins
Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Shocking Impact Of Corporate Scandal On Directors' And Officers' Liability, Nancy R. Mansfield, Joan T.A. Gabel, Kathleen A. Mccullough, Stephen G. Fier
The Shocking Impact Of Corporate Scandal On Directors' And Officers' Liability, Nancy R. Mansfield, Joan T.A. Gabel, Kathleen A. Mccullough, Stephen G. Fier
University of Miami Business Law Review
Directors and officers liability (hereinafter D&O) serves as a deterrent to corporate wrongdoing. Recent cycles of corporate scandal have impacted the tools used to manage the risk that D&O liability creates. The impact of these scandals is a "shock," which is a sudden event that alters the market profoundly. Market alteration has counter intuitively resulted in increased availability of D&O insurance at a lower price, despite an increase in D&O liability. With increased D&O coverage offerings at lower costs, the market has become soft, making coverage readily available. Carriers are competing for insureds and there is now a risk of …
The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell
The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell
University of Miami Inter-American Law Review
No abstract provided.
The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo
The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo
University of Miami National Security & Armed Conflict Law Review
Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State—a principle generally recognized in international law—would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens or peremptory …
Reevaluating Itar: A Holistic Approach To Regaining Critical Market Share While Simultaneously Attaining Robust National Security, Justin Levine
Reevaluating Itar: A Holistic Approach To Regaining Critical Market Share While Simultaneously Attaining Robust National Security, Justin Levine
University of Miami National Security & Armed Conflict Law Review
This note considers the application of the International Traffic and Arms Regulations (“ITAR”) framework and proposes statutory and policy modifications to promote both national security and industry growth. ITAR is the regulatory framework that controls the export of munitions and defense technologies from the United States. However, as applied, free trade is now grossly over-regulated to such an extent that both significant market share and industry opportunity have been lost and national security itself has simultaneously been threatened. Due to heavy restrictions, many previous industry partners are now looking elsewhere for trade and systematically avoiding the United States for inclusion …
Major League Security: Overcoming Legal Challenges Of Sporting Event Security Systems, Jorge Martinez
Major League Security: Overcoming Legal Challenges Of Sporting Event Security Systems, Jorge Martinez
University of Miami National Security & Armed Conflict Law Review
This article will discuss emerging threats to major sporting events and suggest methods to defend fans and athletes through strengthening security systems and procedures. One problem with strengthening security systems, however, is that in many cases, increased security means less personal privacy. This article will briefly review security measures that have traditionally been in place, juxtapose newly developed security measures, assess the effectiveness and constitutionality of each measure, and propose a working security system to be used at such events. Ultimately, an ideal security system of the future will have to incorporate developments in various fields and will take time …
Habeas Corpus Outside U.S. Territory: Omar V. Geren And Its Effects On Americans Abroad, John Wright
Habeas Corpus Outside U.S. Territory: Omar V. Geren And Its Effects On Americans Abroad, John Wright
University of Miami National Security & Armed Conflict Law Review
The contention between habeas corpus rights and national security interests has been ongoing since the ratification of the U.S. Constitution. History proves that this relationship becomes especially precarious during times of conflict, from the U.S. Civil War and continuing through the War on Terrorism, which began in 2001.
This paper focuses on one of the most recent limitations placed on the right of habeas corpus as determined by the federal judiciary: that a writ of habeas corpus will not stay the transfer of a U.S. citizen to a foreign sovereign’s authorities to face charges for alleged crimes committed within that …