Law Commons^™

Rethinking Article Iii Standing In Class Action Consumer Protection Cases Following Spokeo V. Robins, Joshua Scott Olin

University of Miami Business Law Review

The Supreme Court recently handed down the landmark decision of Spokeo, Inc. v. Robins, holding that a “bare procedural violation” of a federal consumer protection statute—namely, the Fair Credit Reporting Act—was not enough to satisfy Article III standing because the injury alleged was particularized but not concrete. After Spokeo, those wishing to bring suit based on consumer protection statutes will have a much more difficult time showing that the injury suffered was “concrete” enough to confer Article III standing and, as a result, the term “consumer protection” will be rendered meaningless. Unless the Supreme Court revisits the issue …

Seeking To Have Banks Sing To The Same Tune: The Basel Committee Addresses Credit Risk–Weighted Assets, O. Jean Strickland

University of Miami Business Law Review

The objective of this Comment is to provide a critical assessment of the recent debate about the Basel Committee for Banking Standards’ (“BCBS”) reforms to risk–weighted assets (“RWA”) calculations used to measure credit risk and to establish international standards for bank capital requirements. After introducing the interests and objectives of both the regulators and the banking industry relative to this issue, the second part of this Comment will cover the origins of the approaches to the calculation of RWAs for regulatory capital requirement purposes. Using loans as the focus of the analysis, the third part of this Comment will examine …

The Value Of Cryptocurrencies: How Bitcoin Fares In The Pockets Of Federal And State Courts, Brandon M. Peck

University of Miami Business Law Review

A recent Eleventh Judicial Circuit Court of Florida decision has raised concerns over how both federal and state courts consider the unregulated cryptocurrency, Bitcoin. In State of Florida v. Michell Abner Espinoza, Judge Teresa Pooler held that Bitcoin did not fall under the statutory definitions of “payment instrument” or “monetary instrument” because virtual currency is not directly specified nor could it be included within one of the defined categories listed in Fla. Stat. § 560.103(29) or 896.101(2). Furthermore, Judge Pooler, alluding to the doctrine of lenity, refused to hold Espinoza responsible under a statute that is “so vaguely written …

Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez

University of Miami Business Law Review

That the United States has long had a strained relationship with Cuba is no secret to the international community. Most recently, this strain has been embodied in a commercial, economic and financial embargo that has been enforced by the United States since 1962. That said, focusing only on this limited stretch of history would ignore the greater context of American–Cuban relations. This paper takes a step back to conduct a historical analysis, examine the current state of relations, and to posit on the potential of future economic ties between the two nations. After a thorough examination, an overarching question emerges: …

Whatever Happened To Quick Look?, Edward D. Cavanagh

University of Miami Business Law Review

In California Dental Ass’n v. F.T.C. (hereafter “Cal Dental”), the Supreme Court observed that there is no sharp divide separating conduct that can be summarily condemned under section one of the Sherman Act as per se unlawful from conduct that warrants a more searching factual assessment to ascertain any anticompetitive effect and hence its legality. The Court further observed that not every antitrust claim falling outside the narrow ambit of per se illegality warrants the detailed Rule of Reason analysis prescribed in Chicago Board of Trade. The Court thereby eschewed any notion that section one analysis is …

The Epipen Problem: Analyzing Unethical Drug Price Increases And The Need For Greater Government Regulation, Talal Rashid

University of Miami Business Law Review

In recent years, some pharmaceutical companies have started increasing the price of their existing drugs to exorbitant levels. Often, these drugs are medically necessary for patients, who are left to take on the high costs of the medicine. One recent example is Mylan, who raised the price of the EpiPen by four hundred percent, solely for the profit of its own company and to the detriment of consumers who rely on the EpiPen. Similar patterns of drug price increases have occurred in the past and will likely happen again in the future. This Comment will seek to identify the common …

Floating On A Sea Of Funny Money: An Analysis Of Money Laundering Through Miami Real Estate And The Federal Government’S Attempt To Stop It, Gary Mcpherson

University of Miami Business Law Review

Miami is experiencing a money laundering controversy the likes of which have not been seen since the “Cocaine Cowboys” era of 1980’s Miami. Condominiums and other mega developments are popping up at an unprecedented pace, immediately after the housing market crash that caused the Great Recession. Adding to this questionable boom in development is the fact that the vast majority of Miami’s population cannot afford to live in places like these. So, the question presented is who is fueling this explosion in development? Criminals, that’s who. Federal agents believe criminals are buying coveted Miami real estate through shell companies to …

Masthead

University of Miami Business Law Review

No abstract provided.

Statutory Interpretation Lessons Courtesy Of Pilgrim’S Pride, Philip G. Cohen

University of Miami Business Law Review

In Pilgrim’s Pride Corp. v. Commissioner, the Fifth Circuit reversed the Tax Court and held that the taxpayer was entitled to an ordinary loss deduction from its abandonment of securities. While the conclusion reached by the Fifth Circuit has been overshadowed by the promulgation of Treasury Regulation section 1.165-5(i) that effectively treats an abandoned security as worthless and thus characterizes the loss as capital, the case remains noteworthy because it provides an opportunity to examine the statutory interpretation of two distinct Internal Revenue Code sections, section 165(g)(1) and section 1234A. The article focuses on what methods of statutory construction …

Samsung V. Apple: Taking A Bite Out Of The Design Patent “Article Of Manufacture” Controversy, Elizabeth M. Gil

University of Miami Business Law Review

Smartphones have become a universal item. A smartphone is comprised of hundreds of thousands of patented inventions, many of which are design patents.1It is these design patents that are at the center of the highly-contested case of Samsung Electronics Co., Ltd. v. Apple Inc., which involves three of the design patents within Apple’s iPhone. Beginning in 2011, Apple and Samsung have been in a seemingly never-ending litigious battle over these design patents with the case commencing in the district court, climbing up to the Supreme Court of the United States, and returning to the district court. It is this …

Modernizing Financial Legislation To Protect Older Americans From Financial Abuse, Joshua F. Bautz

University of Miami Business Law Review

The United States of America is entering into a period of time that is marked by an increasingly aging population, and a corresponding growth in its susceptibility to financial abuse. While financial abuse can take on various forms, our older Americans continuously bear the bulk of its adverse effects. In recent years, financial representatives have notably suffered from a decline in investor confidence; however, this trend has failed to address the true culprits that commit the majority of financial abuse. This Comment will help to illuminate the increasing impact that family members, friends and caregivers have on the totality of …

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

Turning The Page: The Demise Of The “Queenan Doctrine” Requiring The Adoption Of A Foreclosure Valuation Methodology In Chapter 11 Cases, Harrison Denman

University of Miami Business Law Review

This Article traces the evolution of the default standard applied by bankruptcy courts to valuing a secured lender’s collateral under section 506(a) for purposes of determining whether a “diminution in value” has occurred sufficient to trigger the need for adequate protection. Historically, bankruptcy courts applied a standard premised on the scholarship of Judge Queenan of the Bankruptcy Court for the District of Massachusetts. That standard called for, absent contractual language to the contrary, application of a foreclosure valuation methodology regardless of the actual or anticipated use of such collateral during the chapter 11 cases. In recent years, there has been …

What Makes Parties Joint Employers? An Analysis Of The National Labor Relations Board’S Redefining Of The “Joint Employer” Standard And Its Potential Effect On The Labor Industry, Deepti Orekondy

University of Miami Business Law Review

Multiple cases decided before the National Labor Relations Board (“NLRB”) have continuously narrowed the scope of the joint employer doctrine. Most recently, in the case of Browning-Ferris Indus., 362 N.L.R.B. No. 186 (August 27, 2015), the NLRB overturned decades of precedent and adopted a much more expansive standard that reverts the doctrine back to its original understanding in 1965. Prior to this decision, the joint employer doctrine established a joint employer relationship when both entities had meaningful control over the terms and conditions of employment and actually exercised that authority. After Browning-Ferris, the new standard now only requires “indirect” …

A Faulty Federal Standard: A Call For A Federal Minimum Wage That Is Actually “Fair” Under The Fair Labor Standards Act, Amanda Rose Kapur

University of Miami Business Law Review

When the average American works 40 hours a week on the federal minimum wage and their family unit is still under the poverty line, there is something inherently wrong. In America, one has to work 93 hours a week just to accommodate a basic level of living on minimum wage. Working the standard 40 hours a week should grant the worker the right to live above the poverty line.

Section I of this Comment will discuss the need for minimum wage reform by looking at the living wage gap and the benefits of raised minimum wages. This section will also …

Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr.

University of Miami Business Law Review

“Forum selling” is jurisdictional competition intended to attract litigants. While consensual forum selling may be beneficial, non-consensual forum selling is harmful because it encourages jurisdictions to adopt an inefficient pro-plaintiff bias. In the last 20 years, the Eastern District of Texas has adopted an aggressive and remarkably successful policy of non-consensual forum selling in patent infringement actions. In 2016, 44% of all patent infringement actions were filed in the Eastern District of Texas, and 93% of them were filed by patent assertion entities or “patent trolls.”

In December 2016, the Supreme Court granted certiorari in TC Heartland v. Kraft, …

Tc Heartland: The Patent Venue Question Is Informed By Personal Jurisdiction Issues, Richard Samp

University of Miami Business Law Review

No abstract provided.

Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman

University of Miami Business Law Review

No abstract provided.