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University of Miami Law School

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2020

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Articles 31 - 44 of 44

Full-Text Articles in Law

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich Jan 2020

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Articles

No abstract provided.


Theater And Revolution In Clinical Legal Education, Jonel Newman, Fergus Lawrie, Donald Nicolson, Melissa Swain Jan 2020

Theater And Revolution In Clinical Legal Education, Jonel Newman, Fergus Lawrie, Donald Nicolson, Melissa Swain

Articles

Why does a revolutionary theatre method developed in the 1960s and 1970s by Brazilian intellectual and activist Augusto Boal belong in clinical legal education? Use of the transformative Forum Theatre method can greatly enhance legal education. Boal, a colleague and disciple of Paulo Freire (Pedagogy of the Oppressed), developed Forum Theatre as a democratic, participatory, and collaborative production between the actors and the audience, to revolutionize traditional sit-and-watch theatre. Spectators in the audience become spect-actors, halt the oppressive element in a scenario, take the place of the actors, and eliminate oppression. The over-arching goal of Forum Theatre is to illuminate …


The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby Jan 2020

The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby

Articles

No abstract provided.


Our Trade Law System, Kathleen Claussen Jan 2020

Our Trade Law System, Kathleen Claussen

Articles

No abstract provided.


Selling Out, Andrew B. Dawson Jan 2020

Selling Out, Andrew B. Dawson

Articles

When bankruptcy policy competes with other federal and state regulatory policies, which should take priority? Bankruptcy law, provided it is used to save a struggling business from having to close its doors. Bankruptcy's supremacy, then, can preserve the debtor's going concern value, save jobs, and limit the collateral damage from a business failure. But should this bankruptcy supremacy apply only when the debtor is pursuing a traditional reorganization under chapter 11, or should it also apply when bankruptcy is used to bring about a quick sale of substantially all of the debtor's assets?

This Article addresses this question in the …


How The Internet Unmakes Law, Mary Anne Franks Jan 2020

How The Internet Unmakes Law, Mary Anne Franks

Articles

No abstract provided.


The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron Jan 2020

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron

Articles

No abstract provided.


The Commonality Of Causation, Sergio J. Campos Jan 2020

The Commonality Of Causation, Sergio J. Campos

Articles

This essay, a version of which was given as the inaugural Goldman Endowed Lecture at Ohio Northern University School ofLaw, discusses the treatment of causation in class actions, multidistrict litigation, and similar collective litigation. Causation is a ubiquitous element of civil claims, and typically it is treated as an individual element of a claim because it is dependent on the circumstances of each individual claimant. Even if the conduct at issue in litigation is "common, " or the same, for a group of claimants, whether that conduct caused harm to a specific claimant will depend on the unique circumstances of …


The State Qui Tam To Enforce Employment Law, Andrew Elmore Jan 2020

The State Qui Tam To Enforce Employment Law, Andrew Elmore

Articles

No abstract provided.


Trade's Security Exceptionalism, Kathleen Claussen Jan 2020

Trade's Security Exceptionalism, Kathleen Claussen

Articles

At the core of U.S. trade law is an under-studied structural dichotomy. On the one hand, well-established statutory authorities enable the President to eliminate trade barriers through negotiations with U.S. trading partners. On the other hand, different, lesser-known authorities allow the President to erect trade barriers on an exceptional basis where necessary for U.S. economic security. Rather than thinking of free trade as a source of or tool for economic security as political theorists long have, our law codifies these authorities as though they are in contrast to one another-allowing departures from the free trade norm when security so demands. …


Media Literacy Beyond The National Security Frame, Lili Levi Jan 2020

Media Literacy Beyond The National Security Frame, Lili Levi

Articles

No abstract provided.


The Unconstitutionality Of Government Propaganda, Caroline Mala Corbin Jan 2020

The Unconstitutionality Of Government Propaganda, Caroline Mala Corbin

Articles

Government propaganda-the government's deliberate dissemination of false claims on matters of public interest-has increasingly become a source of concern in the United States. Not only does the current presidential administration disseminate propaganda at a rate unprecedented in the modern era, so that Americans now live in an age of government-created "alternative facts," but the internet and social media have made it possible to find receptive audiences with alarming speed and accuracy. This surge of government propaganda poses troubling questions for the health of our democracy, which requires political accountability and the valid consent of the governed to thrive.

Although the …


Addressing The Criminalization Of Poverty And Marginalization (Foreword), Tamar Ezer, Franco Piccinini, David Stuzin Jan 2020

Addressing The Criminalization Of Poverty And Marginalization (Foreword), Tamar Ezer, Franco Piccinini, David Stuzin

Articles

No abstract provided.


Challenging Racial Injustice In The Criminalization Of Homelessness In The United States: A Human Rights Approach, David Berris, Joseph Candelaria, Tamar Ezer, Lily Fontenot Jan 2020

Challenging Racial Injustice In The Criminalization Of Homelessness In The United States: A Human Rights Approach, David Berris, Joseph Candelaria, Tamar Ezer, Lily Fontenot

Articles

The criminalization of homelessness in the United States perpetuates a cycle of racial injustice and violates fundamental human rights. Longstanding discrimination in housing and law enforcement have resulted in disproportionate homelessness among Black Americans. Thus, laws and policies that criminalize life-sustaining behaviors, such as sleeping, in public further exacerbate racial disparities, punishing people for homelessness rather than addressing root causes. Criminalization results in fines that people cannot pay and criminal records, driving employment and housing out of reach and circulating individuals from the street to the criminal justice system and back. The criminalization of homelessness also directly violates international human …