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University of Miami Law School

2008

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Articles 1 - 30 of 98

Full-Text Articles in Law

Stop! Are You Sure You Want To Throw Grandpa's Body Away?, Thomas A. Robinson Oct 2008

Stop! Are You Sure You Want To Throw Grandpa's Body Away?, Thomas A. Robinson

University of Miami Law Review

No abstract provided.


Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky Oct 2008

Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.


Chilling Effects: The Communications Decency Act And The Online Marketplace Of Ideas, Anthony Ciolli Oct 2008

Chilling Effects: The Communications Decency Act And The Online Marketplace Of Ideas, Anthony Ciolli

University of Miami Law Review

No abstract provided.


The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair Oct 2008

The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair

University of Miami Law Review

No abstract provided.


Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes Oct 2008

Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes

University of Miami Law Review

No abstract provided.


Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver Oct 2008

Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver

University of Miami Law Review

No abstract provided.


Gonzales V. Carhart: The Partial Termination Of The Right To Choose, Laura J. Tepich Oct 2008

Gonzales V. Carhart: The Partial Termination Of The Right To Choose, Laura J. Tepich

University of Miami Law Review

No abstract provided.


"Democracy Begins At Home"--Notes From The Grassroots On Inequality, Voters, And Lawyers, Martha R. Mahoney Oct 2008

"Democracy Begins At Home"--Notes From The Grassroots On Inequality, Voters, And Lawyers, Martha R. Mahoney

University of Miami 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 Oct 2008

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.


Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko Oct 2008

Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko

University of Miami Business Law Review

No abstract provided.


Who's At Risk? Abbott And Costello Take On Section 465, Ajay Gupta Oct 2008

Who's At Risk? Abbott And Costello Take On Section 465, Ajay Gupta

University of Miami Business Law Review

No abstract provided.


A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo Oct 2008

A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo

University of Miami Business Law Review

No abstract provided.


Going From The Frying Pan Into The Fire? A Critique Of The U.S. Treasury's Newly Proposed Section 987 Currency Regulations, Joseph Tobin Oct 2008

Going From The Frying Pan Into The Fire? A Critique Of The U.S. Treasury's Newly Proposed Section 987 Currency Regulations, Joseph Tobin

University of Miami Business Law Review

No abstract provided.


Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir Oct 2008

Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir

University of Miami International and Comparative Law Review

In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard ...


Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek Oct 2008

Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek

University of Miami International and Comparative Law Review

A unique tension exists between the World Trade Organization's various desires to level the international commercial trading field, and the United States' periodic desires to prioritize its own domestic goods and, in some cases, protect its own corporate citizens. This article will explore various historical rifts and what the future is likely to hold in light of Congress' passage of the American Jobs Creation Act of 2004.


Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros Oct 2008

Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros

University of Miami International and Comparative Law Review

This article examines the course of tobacco litigation in the United States and its implications for law and policy on both the national and international levels. In our view, the disparate legal traditions and attitudes of countries outside the United States will lead the majority of such states to opt for the direct and transparent regulation of tobacco activities through formal and perhaps consensual channels. This will likely promote effective tobacco control without the policy mix encompassing a period of prolonged litigation buttressed by settlement and regulation, which has characterized the U.S. process. Therefore, despite some increased litigation in ...


Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid Oct 2008

Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid

University of Miami Inter-American Law Review

No abstract provided.


Introduction To The Symposium On Corss-Border Family Mediation With And Emphasis On The 1980 Hague Convention On The Civil Aspects Of International Child Abduction, Melvin A. Rubin Oct 2008

Introduction To The Symposium On Corss-Border Family Mediation With And Emphasis On The 1980 Hague Convention On The Civil Aspects Of International Child Abduction, Melvin A. Rubin

University of Miami Inter-American Law Review

No abstract provided.


Thunder In Paradise: The Interplay Of Broadening United States Anti-Money Laundering Legislation And Jurisprudence With The Caribbean Law Governing Offshore Asset Preservation, Evan Metaxatos Oct 2008

Thunder In Paradise: The Interplay Of Broadening United States Anti-Money Laundering Legislation And Jurisprudence With The Caribbean Law Governing Offshore Asset Preservation, Evan Metaxatos

University of Miami Inter-American Law Review

No abstract provided.


Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro Oct 2008

Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro

University of Miami Inter-American Law Review

No abstract provided.


When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen Oct 2008

When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen

University of Miami Inter-American Law Review

No abstract provided.


The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio Oct 2008

The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio

University of Miami International and Comparative Law Review

The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will ...


Keeping It Real: Judicial Review Of Asylum Credibility Determinations In The Eleventh Circuit After The Real Id Act, Tania Galloni Jul 2008

Keeping It Real: Judicial Review Of Asylum Credibility Determinations In The Eleventh Circuit After The Real Id Act, Tania Galloni

University of Miami Law Review

No abstract provided.


Appellate Discretion And Sentencing After Booker, Lindsay C. Harrison Jul 2008

Appellate Discretion And Sentencing After Booker, Lindsay C. Harrison

University of Miami Law Review

No abstract provided.


Eleventh Circuit Treatment Of Certification Of Collective Actions Under The Fair Labor Standards Act: A Remedial Statute Without A Remedy?, Kristin M. Stastny Jul 2008

Eleventh Circuit Treatment Of Certification Of Collective Actions Under The Fair Labor Standards Act: A Remedial Statute Without A Remedy?, Kristin M. Stastny

University of Miami Law Review

No abstract provided.


Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless Jul 2008

Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless

University of Miami Law Review

No abstract provided.


Of Defense Lawyers And Pornographers: Pretrial Asset Seizures And The Fourth Amendment, Ricardo J. Bascuas Jul 2008

Of Defense Lawyers And Pornographers: Pretrial Asset Seizures And The Fourth Amendment, Ricardo J. Bascuas

University of Miami Law Review

No abstract provided.


Is Your Client Prejudiced? Litigating Ineffective-Assistance-Of-Counsel Claims In Immigration Matters Arising In The Eleventh Circuit, Michael S. Vastine Jul 2008

Is Your Client Prejudiced? Litigating Ineffective-Assistance-Of-Counsel Claims In Immigration Matters Arising In The Eleventh Circuit, Michael S. Vastine

University of Miami Law Review

No abstract provided.


The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet Jul 2008

The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet

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 Jul 2008

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.