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University of Miami Law School

2012

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Articles 1 - 30 of 125

Full-Text Articles in Law

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher Nov 2012

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher

Short Works

Master Limited Partnerships (MLPs) and Real Estate Investment Trusts (REITs)—both well-established investment structures—should be opened up to renewable energy investment. MLPs and, more recently, REITs have a proven track record for promoting oil, gas, and other traditional energy sources. When extended to renewable energy projects these tools will help promote growth, move renewables closer to subsidy independence, and vastly broaden the base of investors in America’s energy economy. The extension of MLPs and REITs to renewables enjoys significant support from the investment and clean energy communities. In addition, MLPs for renewables also enjoy bipartisan political backing in ...


Wedlocked, Mary Patricia Byrn, Morgan L. Holcomb Oct 2012

Wedlocked, Mary Patricia Byrn, Morgan L. Holcomb

University of Miami Law Review

No abstract provided.


No One Saw It Coming - Again Systemic Risk And State Foreclosure Proceedings: Why A National Uniform Foreclosure Law Is Necessary, Helen Mason Oct 2012

No One Saw It Coming - Again Systemic Risk And State Foreclosure Proceedings: Why A National Uniform Foreclosure Law Is Necessary, Helen Mason

University of Miami Law Review

No abstract provided.


High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick Oct 2012

High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick

University of Miami Law Review

No abstract provided.


Chronolawgy: A Study Of Law And Temporal Perception, Brian M. Stewart Oct 2012

Chronolawgy: A Study Of Law And Temporal Perception, Brian M. Stewart

University of Miami Law Review

No abstract provided.


Reframing Patent Remedies , Karen E. Sandrik Oct 2012

Reframing Patent Remedies , Karen E. Sandrik

University of Miami Law Review

No abstract provided.


Freedom Of Contact Without Fear Of Criminal Misconduct: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act , Erika Concetta Pagano Oct 2012

Freedom Of Contact Without Fear Of Criminal Misconduct: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act , Erika Concetta Pagano

University of Miami Law Review

No abstract provided.


Democracy And Sustainability In Reconstructing Haiti: A Possibility Or A Mirage?, Irwin P. Stotzky, Brian Concannon Jr. Oct 2012

Democracy And Sustainability In Reconstructing Haiti: A Possibility Or A Mirage?, Irwin P. Stotzky, Brian Concannon Jr.

University of Miami Inter-American Law Review

No abstract provided.


Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker Oct 2012

Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker

University of Miami International and Comparative Law Review

No abstract provided.


New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar Oct 2012

New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar

University of Miami International and Comparative Law Review

No abstract provided.


Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis Oct 2012

Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis

University of Miami International and Comparative Law Review

According to the traditional theory of judicial decision-making, legal rules constrain judicial creativity because they entail an objectively correct legal answer. Therefore, even if judges want to engage in judicial legislation they are nonetheless constrained by legal rules. This article argues that this understanding is flawed. First, the selection effect ensures that most cases that reach international courts revolve around uncertain legal rules. Second, various cannons of construction will usually allow judges to ascertain several equally plausible legal rules; judges are likely to select those rules which favor their preferred outcome of the case; and their preferred outcome will be ...


Haiti: A Failed State? Democratic Process And Oas Intervention, Annabelle L. Torgman Oct 2012

Haiti: A Failed State? Democratic Process And Oas Intervention, Annabelle L. Torgman

University of Miami Inter-American Law Review

No abstract provided.


Us V. Aguilar And The Foreign Corrupt Practices Act: Sending An S.O.S. To Congress, Jared Chaykin Oct 2012

Us V. Aguilar And The Foreign Corrupt Practices Act: Sending An S.O.S. To Congress, Jared Chaykin

University of Miami Inter-American Law Review

No abstract provided.


Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier Oct 2012

Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier

University of Miami Inter-American Law Review

No abstract provided.


Feasibility Analysis Of Online Dispute Resolution In Developing Countries, Maria Mercedes Albornoz, Nuria González Martín Oct 2012

Feasibility Analysis Of Online Dispute Resolution In Developing Countries, Maria Mercedes Albornoz, Nuria González Martín

University of Miami Inter-American Law Review

No abstract provided.


Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn Oct 2012

Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn

University of Miami Law Review

No abstract provided.


The Right To Be Taken Seriously , Jonathan Weinberg Oct 2012

The Right To Be Taken Seriously , Jonathan Weinberg

University of Miami Law Review

No abstract provided.


Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer Jul 2012

Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer

University of Miami National Security & Armed Conflict Law Review

In Fall 2011, U.S. and EU negotiators agreed on new parameters for the collection, processing, use, storage and crossborder transfer of Passenger Name Record (PNR) data. 2011 also marks the tenth anniversary of the September 11, 2001 terrorist attacks on the World Trade Center in New York City and the Pentagon in Washington D.C., which provides the historic reason for the cooperation in this area. These two events thus provide a timely basis and background against which to review the ten year history of the cooperation between the U.S. and the EU in PNR information management.

This ...


Reevaluating Itar: A Holistic Approach To Regaining Critical Market Share While Simultaneously Attaining Robust National Security, Justin Levine Jul 2012

Reevaluating Itar: A Holistic Approach To Regaining Critical Market Share While Simultaneously Attaining Robust National Security, Justin Levine

University of Miami National Security & Armed Conflict Law Review

This note considers the application of the International Traffic and Arms Regulations (““ITAR””) framework and proposes statutory and policy modifications to promote both national security and industry growth. ITAR is the regulatory framework that controls the export of munitions and defense technologies from the United States. However, as applied, free trade is now grossly over-regulated to such an extent that both significant market share and industry opportunity have been lost and national security itself has simultaneously been threatened. Due to heavy restrictions, many previous industry partners are now looking elsewhere for trade and systematically avoiding the United States for inclusion ...


Habeas Corpus Outside U.S. Territory: Omar V. Geren And Its Effects On Americans Abroad, John Wright Jul 2012

Habeas Corpus Outside U.S. Territory: Omar V. Geren And Its Effects On Americans Abroad, John Wright

University of Miami National Security & Armed Conflict Law Review

The contention between habeas corpus rights and national security interests has been ongoing since the ratification of the U.S. Constitution. History proves that this relationship becomes especially precarious during times of conflict, from the U.S. Civil War and continuing through the War on Terrorism, which began in 2001.

This paper focuses on one of the most recent limitations placed on the right of habeas corpus as determined by the federal judiciary: that a writ of habeas corpus will not stay the transfer of a U.S. citizen to a foreign sovereign’’s authorities to face charges for alleged ...


How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum Jul 2012

How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum

University of Miami National Security & Armed Conflict Law Review

This paper calls on the United States to assess where its true interests lie in evaluating genocide and mass killings. Through an examination of the social and political factors which were paramount in bringing about the atrocities in Cambodia in the late 1970s and Rwanda in the mid-1990s, the U.S. is urged to take heed of the tried-and-true methods used by ruthless regimes throughout history in bringing about the destruction of their own citizenry. Consideration of the psychological imperatives necessary for ordinary men or women to depart from the standard boundaries of civilized society and butcher their neighbors and ...


Major League Security: Overcoming Legal Challenges Of Sporting Event Security Systems, Jorge Martinez Jul 2012

Major League Security: Overcoming Legal Challenges Of Sporting Event Security Systems, Jorge Martinez

University of Miami National Security & Armed Conflict Law Review

This article will discuss emerging threats to major sporting events and suggest methods to defend fans and athletes through strengthening security systems and procedures. One problem with strengthening security systems, however, is that in many cases, increased security means less personal privacy. This article will briefly review security measures that have traditionally been in place, juxtapose newly developed security measures, assess the effectiveness and constitutionality of each measure, and propose a working security system to be used at such events. Ultimately, an ideal security system of the future will have to incorporate developments in various fields and will take time ...


Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser Jul 2012

Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser

University of Miami National Security & Armed Conflict Law Review

In response to gritty accounts of firefights involving private forces like Blackwater in Iraq and Afghanistan, many legal scholars have addressed the rising use of private forces——or mercenaries——in the 21st century under international law. Remarkably, only a few have attempted to understand why these forces are so objectionable. This is not a new problem. Historically, attempts to control private forces by bringing them under international law have been utterly ineffective, such as Article 47 of Additional Protocol II to the Geneva Conventions. In Silent Partners, I propose utilizing the norm against mercenary use as a theoretical framework to ...


The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo Jul 2012

The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo

University of Miami National Security & Armed Conflict Law Review

Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State——a principle generally recognized in international law——would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens ...


Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins Jul 2012

Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Front Matter And Table Of Contents Jul 2012

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Masthead Jul 2012

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Standard Search Logic Under Article 9 And The Florida Debacle, Kenneth C. Kettering Jul 2012

Standard Search Logic Under Article 9 And The Florida Debacle, Kenneth C. Kettering

University of Miami Law Review

No abstract provided.


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.


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.