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Articles 1 - 30 of 33
Full-Text Articles in Law
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
University of Miami Inter-American Law Review
Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
University of Miami Inter-American Law Review
This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.
The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta
The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta
University of Miami Inter-American Law Review
The territorial law and policy of the United States changed towards the turn of the 20th century, as territorial expansion was no longer motivated by the extension of national borders, but by geopolitical, strategic and economic objectives. The new territories acquired in the Spanish American war were different from those previously annexed. The resulting constitutional doctrine of the Insular Cases differentiated the previous incorporated territories from the new unincorporated territories, which were not destined to be part of the U.S. nor to be admitted as new states. Despite purported changes in the relation with the United States in 1950-1952, Puerto …
The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim
The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim
University of Miami Inter-American Law Review
Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.
This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …
Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan
University of Miami Inter-American Law Review
This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …
Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer
University of Miami Inter-American Law Review
This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?
The Flag Can Travel But The Constitution Must Ask Permission: How The First Circuit And The District For Puerto Rico Commit To Equal Protection Without Abandoning The Insular Cases Doctrine, Alejandro J. Anselmi González
The Flag Can Travel But The Constitution Must Ask Permission: How The First Circuit And The District For Puerto Rico Commit To Equal Protection Without Abandoning The Insular Cases Doctrine, Alejandro J. Anselmi González
University of Miami Inter-American Law Review
For American citizens, one of the most important safeguards guaranteed by the Constitution of the United States is the equal protection of the law. The United States prides itself on the doctrine and jurisprudence of equal protection because of the social progression achieved since the end of the Civil War. The Reconstruction Amendments to the Constitution eliminated the institution of slavery and were supposed to guarantee equal civil and legal status to all citizens. The Constitution, however, has not been consistently interpreted in this way since the end of the Spanish-American War in 1898. The nation emerged from this conflict …
Legal And Ethical Implications Of U.S. And Canadian Vaccine Contracts: The Impact Of Vaccine Nationalism On The Global Pandemic Response, Ryan S. Tahiri
Legal And Ethical Implications Of U.S. And Canadian Vaccine Contracts: The Impact Of Vaccine Nationalism On The Global Pandemic Response, Ryan S. Tahiri
University of Miami Inter-American Law Review
This note explores the COVID-19 vaccine contracts between the U.S. and Canada and the impact of these types of agreements on the global pandemic response. These “pre-purchases,” many of which were executed before the development of a vaccine, have afforded a select few nations the opportunity to stockpile vaccines, while other nations with fewer resources are unable to secure any doses. An effective method to counter the effects of the pandemic is the creation of a global vaccine network that provides equitable access to vaccine doses for nations in need. COVAX was launched to ensure that lower and middle-income nations …
Covid–19, Housing And Evictions: A Comparative Case Study Of Housing Law And Policy In The United States And Argentina Through An International Human Rights Lens, Lily Frances Fontenot
Covid–19, Housing And Evictions: A Comparative Case Study Of Housing Law And Policy In The United States And Argentina Through An International Human Rights Lens, Lily Frances Fontenot
University of Miami Inter-American Law Review
This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country’s response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each country is addressing their own unique housing and eviction crises. Finally, this Note will offer recommendations on how each country should modify their housing policies in light of the pandemic in order to comply with international human rights standards.
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
University of Miami Inter-American Law Review
No abstract provided.
The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax
The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax
University of Miami Inter-American Law Review
No abstract provided.
The Right To Food In Puerto Rico: Where Colonialism And Disaster Meet, Gabriela Valentín Díaz
The Right To Food In Puerto Rico: Where Colonialism And Disaster Meet, Gabriela Valentín Díaz
University of Miami Inter-American Law Review
No abstract provided.
Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo
Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo
University of Miami Inter-American Law Review
The regulation of incorporated companies in Latin America and Continental Europe appears to distance itself from that in the United States. It differs in how it structures itself and handles incorporation, incorporators, piercing, governance, discipline, and shareholders. In their regulatory exertions, both regimes rely, certainly, on legislation and adjudication yet do so differently, qualitatively in addition to quantitatively.
Apparently, civil and common law continue to specialize respectively though not exclusively in statutes and binding precedents. Still, they ever more frequently intrude into each other’s apparent specialty, while leaving their own imprint on it. The tendency to converge coexists with that …
Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia
Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia
University of Miami Inter-American Law Review
No abstract provided.
Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser
Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser
University of Miami Inter-American Law Review
No abstract provided.
Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis
Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis
University of Miami Inter-American Law Review
No abstract provided.
“So Teacher, What Is The Right Answer?” Incorporating Critical Thinking Into The Mexican Legal Education: The Application Of The Us Model, Dr. Ying Chen
University of Miami Inter-American Law Review
No abstract provided.
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur
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.
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 …
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
University of Miami Inter-American Law Review
This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
University of Miami Inter-American Law Review
This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal issues …
The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.
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.
Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino
Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino
University of Miami Inter-American Law Review
No abstract provided.
Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson
Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson
University of Miami Inter-American Law Review
No abstract provided.
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
University of Miami Inter-American Law Review
No abstract provided.
Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker
Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker
University of Miami Inter-American Law Review
No abstract provided.
Beneath The Veil Of Mormonism: Uncovering The Truth About Polygamy In The United States And Canada, Jason D. Berkowitz
Beneath The Veil Of Mormonism: Uncovering The Truth About Polygamy In The United States And Canada, Jason D. Berkowitz
University of Miami Inter-American Law Review
No abstract provided.
School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata
School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata
University of Miami Inter-American Law Review
No abstract provided.
Closing The Doors To The Land Of Opportunity: The Constitutional Controversy Surrounding Proposition 187, Jeffrey R. Margolis
Closing The Doors To The Land Of Opportunity: The Constitutional Controversy Surrounding Proposition 187, Jeffrey R. Margolis
University of Miami Inter-American Law Review
No abstract provided.