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Articles 1 - 30 of 45
Full-Text Articles in Law
An Update On Brazilian Trading Companies And Export Credit, Thomas J. Skola
An Update On Brazilian Trading Companies And Export Credit, Thomas J. Skola
University of Miami Inter-American Law Review
No abstract provided.
Educating For The World View: A Primer On The Role Of U.S. Law Schools, L. Gilles Sion
Educating For The World View: A Primer On The Role Of U.S. Law Schools, L. Gilles Sion
University of Miami Inter-American Law Review
No abstract provided.
Interest Analysis And Maritime Choice Of Law: Phillips V. Amoco Trinidad Oil Co., Douglas H. Stein
Interest Analysis And Maritime Choice Of Law: Phillips V. Amoco Trinidad Oil Co., Douglas H. Stein
University of Miami Inter-American Law Review
No abstract provided.
Customs Searches Of International In-Transit Cargo United States V. Feld, Sarah Robinson
Customs Searches Of International In-Transit Cargo United States V. Feld, Sarah Robinson
University of Miami Inter-American Law Review
No abstract provided.
International Tax Evasion And Tax Fraud: Typical Schemes And The Legal Issues Raised By Their Detection And Prosecution, Hugh Spall
University of Miami Inter-American Law Review
No abstract provided.
The Writ Of Amparo In Latin America, Hector Fix Zamudio
The Writ Of Amparo In Latin America, Hector Fix Zamudio
University of Miami Inter-American Law Review
No abstract provided.
The Enforceability Of The Marijuana On The High Seas Act United States V. James -- Robinson Et Al., Barbara B. Cowan
The Enforceability Of The Marijuana On The High Seas Act United States V. James -- Robinson Et Al., Barbara B. Cowan
University of Miami Inter-American Law Review
No abstract provided.
Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson
Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson
University of Miami Law Review
No abstract provided.
Legitimacy For The Florida Midwife: The Midwifery Practice Act, Katherine Simmons Yagerman
Legitimacy For The Florida Midwife: The Midwifery Practice Act, Katherine Simmons Yagerman
University of Miami Law Review
The rite of childbirth once belonged to the mother and her midwife, a companion and attendant interned in the mysteries of human birth. Modern medicine usurped that position, replacing the midwife with the professional physician. The author traces the journey of the midwife to her present status as a legitimate source of obstetrical care and examines the Florida Legislature's recent enactment of the Midwifery Practice Act.
Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond
Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond
University of Miami Law Review
Social, economic and legal factors have contributed to the success of ticket scalpers. Recently enacted unfair trade practices laws now provide courts with the means to regulate scalping and to provide effective redress for aggrieved consumers
Coast Guard Searches Of Foreign Flag Vessels, Elizabeth Olga Ruf
Coast Guard Searches Of Foreign Flag Vessels, Elizabeth Olga Ruf
University of Miami Inter-American Law Review
No abstract provided.
Law And Agrarian Reform In Costa Rica: The Legislative Phase, James P. Rowles
Law And Agrarian Reform In Costa Rica: The Legislative Phase, James P. Rowles
University of Miami Inter-American Law Review
No abstract provided.
Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff
Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff
University of Miami Inter-American Law Review
No abstract provided.
The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani
The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani
University of Miami Law Review
No abstract provided.
Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner
Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner
University of Miami Law Review
The author discusses the legal status of the "refugee" under two decades of American and international law. After reviewing the implications of the United States accession to the 1967 Protocol Relating to the Status of Refugees, the Refugee Act of 1980, and current proposals for reform in the refugee/asylum area, he concludes that the Simpson-Mazzoli bill, with several major modifications, would be the most equitable approach to dealing with the present refugee and asylum problems.
America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow
America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow
University of Miami Law Review
The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the Immigration and Naturalization Service is understaffed and overworked. To remedy these problems, the author suggests that Congress enact legislation that is practical and internally consistent. He also proposes the formation of a review agency that will impartially analyze and recommend immigration policy.
Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick
Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick
University of Miami Law Review
No abstract provided.
Immigration Law And The Illusion Of Numerical Control, John A. Scanlan
Immigration Law And The Illusion Of Numerical Control, John A. Scanlan
University of Miami Law Review
No abstract provided.
A Critical Analysis Of Refugee Law, Ira J. Kurzban
A Critical Analysis Of Refugee Law, Ira J. Kurzban
University of Miami Law Review
A review of immigration law and history reveals that the United States admits large numbers of refugees from communist countries, but grants entrance to a disproportionate few from noncommunist states. The author interprets these figures to mean that the government uses the refugee admissions process as a ploy to accomplish political objectives. This article exposes the inequity in the admissions process by examining the legislative and executive responses to the refugee problem. Although many had hoped that the Refugee Act of 1980 would eliminate the political bias in refugee policy, the author suggests that the Act, in fact, institutionalizes preexisting …
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
University of Miami Law Review
Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.
The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman
The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman
University of Miami Law Review
The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.
A Reexamination Of The Agency Doctrine Of Election, Mark A. Sargent, Arnold Rochvarg
A Reexamination Of The Agency Doctrine Of Election, Mark A. Sargent, Arnold Rochvarg
University of Miami Law Review
The Restatement (Second) of Agency and several states provide that a third party suing an undisclosed principal and his agent must elect to take judgment against one, releasing the other from further liability. In contrast, when the existence of a principal but not his identity is disclosed at the time of agreement, a court may enter judgment against both the partially disclosed principal and his agent, releasing neither until the judgment is satisfied. The authors examine the theories and case law supporting the election doctrine in the light of public policy favoring complete disclosure. The authors conclude that a rule …
Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin
Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin
University of Miami Law Review
This article surveys the safe port and berth provisions that typically are found in charter party agreements. The author argues that courts and arbitrators often interpret these provisions unpredictably and inconsistently, creating uncertainty in maritime transactions. The author concludes by proposing a solution to this problem and offers a model safe berth provision that the parties to a charter should incorporate into their agreement.
Agent Orange And The Government Contract Defense: Are Military Manufacturers Immune From Products Liability?, William J. Blechman
Agent Orange And The Government Contract Defense: Are Military Manufacturers Immune From Products Liability?, William J. Blechman
University of Miami Law Review
Courts are unwilling to impose products liability on government contractors, particularly during wartime. If a contractor nonnegligently performs a government contract according to specifications provided by the government, then it will be absolved from liability to third parties. This Comment discusses the elements of, and prudential justifications for, this "government contract defense." After examining the relationship between the government contract defense and the doctrine of sovereign immunity, the Comment concludes that the defense is necessary to preserve the government's discretionary authority over military procurement.
In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert
In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert
University of Miami Law Review
In Polk County v. Dodson, the United States Supreme Court held that a public defender does not act under color of state law "when performing a lawyer's 'traditional functions' as counsel to a defendant in a criminal proceeding." The Court formulated a "functions" test to distinguish cases holding that public defenders act under color of state law when performing administrative tasks or when engaging in nontraditional or criminal acts. The author questions the Court's marked curtailment of indigents' access to federal courts when alleging ineffective representation by public defenders under 42 U.S.C. § 1983. Moreover, the author concludes that …
The Tax Benefit Rule: Recovery Reevaluated, Paul T. Kestenbaum
The Tax Benefit Rule: Recovery Reevaluated, Paul T. Kestenbaum
University of Miami Law Review
The United States Supreme Court has granted certiorari in two cases, Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner, to resolve a conflict in the circuits as to whether recovery is necessary for the application of the tax benefit rule. The author argues that the application of the tax benefit rule should not depend on the existence of a recovery, but instead should depend on whether an event occurs that is inconsistent with the assumptions underlying the prior deduction; recovery merely is a manifestation of an inconsistent event.
The Doctrine Of "Effects" And The Extraterritorial Application Of Antitrust Laws, Najeeb Samie
The Doctrine Of "Effects" And The Extraterritorial Application Of Antitrust Laws, Najeeb Samie
University of Miami Inter-American Law Review
No abstract provided.
The Dominican Republic A Caribbean Crucible By Howard J. Wiarda And Michael J. Kryzanek, Jonathan Russin
The Dominican Republic A Caribbean Crucible By Howard J. Wiarda And Michael J. Kryzanek, Jonathan Russin
University of Miami Inter-American Law Review
No abstract provided.