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University of Miami Law School

University of Miami Law Review

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United States

Articles 1 - 9 of 9

Full-Text Articles in Law

Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos Jul 2021

Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos

University of Miami Law Review

Materiality plays an important role in limiting the reach of laws that penalize misrepresentations. Laws that include no materiality element punish any covered misrepresentation regardless of its relevance—like lying about hair color on a loan application. By contrast, laws that include a materiality element withhold punishment for immaterial misrepresentations of that kind—in other words, misrepresentations that have no tendency to affect the ultimate decision.
Our immigration laws make it a deportable offense for a noncitizen to “falsely represent” herself as a U.S. citizen for a purpose or benefit under the law. Although this law has been on the books for …


How Hard Can This Be? The Dearth Of U.S. Tax Treaties With Latin America, Patricia A. Brown Feb 2020

How Hard Can This Be? The Dearth Of U.S. Tax Treaties With Latin America, Patricia A. Brown

University of Miami Law Review

The United States has fewer tax treaties with countries in Latin America and the Caribbean than the United Kingdom, France, Germany, Spain and even China have with such countries. After first describing ways in which tax treaties reduce barriers to cross-border trade and investment, this Article considers in turn various possible explanations for this situation. It examines, and rejects, the hypothesis that Latin American countries are reluctant to enter into tax treaties in general. It then considers, and rejects, the possibility that Latin American countries are opposed to in-creased trade and investment from the United States in particular. It then …


Religious Freedom And Inmate Grooming Standards, Dawinder S. Siddhu Jul 2012

Religious Freedom And Inmate Grooming Standards, Dawinder S. Siddhu

University of Miami Law Review

No abstract provided.


Keep Your Nose Out Of My Business-A Look At Dog Sniffs In Public Places Versus The Home, Michael Mayer Jul 2012

Keep Your Nose Out Of My Business-A Look At Dog Sniffs In Public Places Versus The Home, Michael Mayer

University of Miami Law Review

No abstract provided.


Pay Up Or Get Out: The Landlord's Guide To The Perfect Eviction, Matthew Sackel Jul 2012

Pay Up Or Get Out: The Landlord's Guide To The Perfect Eviction, Matthew Sackel

University of Miami Law Review

No abstract provided.


Owner Beware: Osha's Impact On Tort Litigation By Independent Contractors' Injured Employees Against Business Premises Owners, Jon M. Philipson Jul 2012

Owner Beware: Osha's Impact On Tort Litigation By Independent Contractors' Injured Employees Against Business Premises Owners, Jon M. Philipson

University of Miami Law Review

No abstract provided.


The Ftca V. The Tucker Act: When Is A Tort Claim In Substance A Breach Of Contract Claim For Jurisdictional Purposes?, Gregory Boulos Jul 2012

The Ftca V. The Tucker Act: When Is A Tort Claim In Substance A Breach Of Contract Claim For Jurisdictional Purposes?, Gregory Boulos

University of Miami Law Review

No abstract provided.


The Borders Of E.U. Tax Policy And U.S. Competitiveness, George Mundstock Apr 2012

The Borders Of E.U. Tax Policy And U.S. Competitiveness, George Mundstock

University of Miami Law Review

No abstract provided.


Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz Apr 2009

Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz

University of Miami Law Review

No abstract provided.