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Full-Text Articles in Law

The Uncertain Path Of Class Action Law, Sergio J. Campos Jan 2019

The Uncertain Path Of Class Action Law, Sergio J. Campos

Articles

For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doing so, the Court has revised the law to better accord with a view of the class action as an exception to an idealized picture of litigation. This "exceptional" view of the class action has had a profound impact not only on class action law, but on procedural and substantive law in general. However, in the October 2015 term the Court decided three class action cases that support an alternative, 'functional" view of the class action, one that does not view …


Fsma: The Future Of Food Litigation, Robert Shawn Hogue Dec 2016

Fsma: The Future Of Food Litigation, Robert Shawn Hogue

University of Miami Inter-American Law Review

No abstract provided.


Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp Dec 2016

Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp

University of Miami Inter-American Law Review

Congress enacted the Food Safety Modernization Act (“FSMA”), to regulate the fresh produce industry in the United States and increase consumer safety when handling and consuming raw produce. But FSMA risks imposing a zero tolerance policy on raw produce, even where a naturally occurring low-level pathogen, such as listeria, is found in negligible amounts. A zero tolerance policy for all naturally-occurring pathogens does not increase consumer safety, and only serves to increase the cost of raw produce for consumers. This article begins with a summary of the modern history of FSMA, including a brief overview of how the law has …


Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles Aug 2016

Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles

University of Miami Law Review

False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include representative samples of …


Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel Jul 2014

Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel

University of Miami Business Law Review

No abstract provided.


Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark Jan 2014

Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark

University of Miami Business Law Review

No abstract provided.


The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr. Oct 2013

The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.

University of Miami Inter-American Law Review

No abstract provided.


All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg Oct 2013

All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg

University of Miami Inter-American Law Review

No abstract provided.


The Impact Of Preemption In The Nfl Concussion Litigation, Kelly A. Heard Oct 2013

The Impact Of Preemption In The Nfl Concussion Litigation, Kelly A. Heard

University of Miami Law Review

No abstract provided.


The Evans Case: A Sixth Amendment Challenge To Florida's Capital Sentencing Statute, Brendan Ryan Jul 2013

The Evans Case: A Sixth Amendment Challenge To Florida's Capital Sentencing Statute, Brendan Ryan

University of Miami Law Review

No abstract provided.


They're Not Yours, They's My Own: How Ncaa Employment Restrictions Violate Antitrust Law, Gregory Sconzo Apr 2013

They're Not Yours, They's My Own: How Ncaa Employment Restrictions Violate Antitrust Law, Gregory Sconzo

University of Miami Law Review

No abstract provided.


More Decentralization, Less Liability: The Future Of Systemic Disparate Treatment Claims In The Wake Of Walmart V. Dukes, Stephanie S. Silk Apr 2013

More Decentralization, Less Liability: The Future Of Systemic Disparate Treatment Claims In The Wake Of Walmart V. Dukes, Stephanie S. Silk

University of Miami Law Review

No abstract provided.


Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos Jan 2012

Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos

Articles

No abstract provided.


Litigio Estrategico Contra La Siembra De Maiz Geneticamente Modificado En Mexico,, Miguel Rábago Dorbecker, Graciela Rodriguez, Luis Miguel Cano, Luis Fernando Garcia Oct 2011

Litigio Estrategico Contra La Siembra De Maiz Geneticamente Modificado En Mexico,, Miguel Rábago Dorbecker, Graciela Rodriguez, Luis Miguel Cano, Luis Fernando Garcia

University of Miami Inter-American Law Review

No abstract provided.


More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter Jan 2011

More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter

Articles

No abstract provided.


Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack Jan 2009

Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack

Articles

No abstract provided.


"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter Jan 2007

"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter

Articles

No abstract provided.


George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter Jan 2005

George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter

Articles

No abstract provided.


"Please Let Me Be Heard:" The Right Of A Florida Foster Child To Due Process Prior To Being Committed To A Long-Term, Locked Psychiatric Institution, Bernard P. Perlmutter, Caroline S. Salisbury Jan 2001

"Please Let Me Be Heard:" The Right Of A Florida Foster Child To Due Process Prior To Being Committed To A Long-Term, Locked Psychiatric Institution, Bernard P. Perlmutter, Caroline S. Salisbury

Articles

No abstract provided.


Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri Jan 1996

Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri

Articles

No abstract provided.


Obtaining Evidence In France For Use In The United States, Elena Del Valle Jan 1991

Obtaining Evidence In France For Use In The United States, Elena Del Valle

University of Miami International and Comparative Law Review

No abstract provided.


Statistics In Litigation: A Selective Bibliography, Michael G. Chiorazzi Jan 1983

Statistics In Litigation: A Selective Bibliography, Michael G. Chiorazzi

Articles

No abstract provided.