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Articles 1 - 28 of 28
Full-Text Articles in Law
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.
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.
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.
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 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 …
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.
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 …
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.
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.
Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn
Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn
Articles
No abstract provided.
Judicial Reform In Brazil, Keith S. Rosenn
Judicial Reform In Brazil, Keith S. Rosenn
Articles
Judicial reform is currently a hotly debated topic in Brazil. The call for reform of the Brazilian judiciary, however, is anything but new. The Brazilian judiciary has been in a state of crisis since colonial days, and despite numerous attempts at reform, it remains in crisis. With the privatization of Brazil's state-owned enterprises, the growth of Mercosur, the urgent need to make Brazilian firms competitive in world markets, the emphasis upon attracting foreign investment, and the opening of Brazil's economy to foreign competition, Brazilian political leadership began to focus upon ways to reform Brazil's malfunctioning judicial system. Unfortunately, the proposed …
Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn
Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn
Articles
No abstract provided.
Debtor State Law And Default: Enforcement Of Foreign Loan Agreements In Brazilian Courts, Brian L. Zimbler
Debtor State Law And Default: Enforcement Of Foreign Loan Agreements In Brazilian Courts, Brian L. Zimbler
University of Miami Inter-American Law Review
No abstract provided.
Civil Procedure In Brazil, Keith S. Rosenn
Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn
Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn
Articles
No abstract provided.
Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff
Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff
University of Miami Inter-American Law Review
No abstract provided.
The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn
The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn
Articles
No abstract provided.
Expropriation, Inflation, And Development, Keith S. Rosenn
Expropriation, Inflation, And Development, Keith S. Rosenn
Articles
Eminent domain is an important developmental device for countries attempting to generate rapid growth within a free enterprise context. In Brazil and Argentina, however, spiraling inflation, combined with delayed compensation, often result in public confiscation of private property, thereby seriously undermining the confidence of private investors in the governments of both countries. In examining various measures designed to correct the problem, Professor Rosenn illuminates one aspect of the relationship between law and development.