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Articles 1 - 6 of 6

Full-Text Articles in Law

Rethinking The U.S. Approach To Material Adverse Change Clauses In Merger Agreements, Adam B. Chertok Oct 2011

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.


Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni Oct 2011

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 …


National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern Oct 2011

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 …


¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo Apr 2011

¿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 …


Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron Apr 2011

Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron

University of Miami International and Comparative Law Review

No abstract provided.


Out Of The Desert And To The Oasis: Legislation On Predatory Debt Investing, Ryan E. Avery Apr 2011

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.