Law Commons^™

The Unintended Consequences Of Alabama's Immigration Law On Domestic Violence Victims, Elizabeth M. Rieser-Murphy, Kathryn D. Demarco

University of Miami Law Review

No abstract provided.

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

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

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

University of Miami Law Review

No abstract provided.

Protecting Apartment Dwellers From Warrantless Dog Sniffs, Joseph Magrisso

University of Miami Law Review

No abstract provided.

The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs

University of Miami Inter-American Law Review

No abstract provided.

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 or peremptory …

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 …

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 …

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 crimes committed within that …

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

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

University of Miami Law Review

No abstract provided.

Internet Solutions V. Marshall: The Overreach Of Florida's Long-Arm, Michael K. Steinberger

University of Miami Law Review

No abstract provided.

The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime, Mark W. Payne

University of Miami Business Law Review

The U.S. Supreme Court's 2009 decision in Ashcroft v. Iqbal placed a squeeze on the once touted liberal Federal Rules of Civil Procedure by requiring judges to consider the veracity of potential plaintiffs' federal claims in light of Iqbal's new heightened pleading standard. This article examines post-Iqbal pleading standards across United States jurisdictions and argues that states should exert caution before choosing to adopt Iqbal's new "plausibility" standard, and if they elect to modify their pleading standards in light of the Iqbal decision, they should also carefully contemplate their method of adoption.

Ending The Silence: Shareholder Derivative Suits And Amending The Dodd-Frank Act So "Say On Pay" Votes May Be Heard In The Boardroom, William Alan Nelson Ii

University of Miami Business Law Review

No abstract provided.

The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack

Articles

In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank

University of Miami Law Review

No abstract provided.

Quill By Affiliation, Alexander Smith

University of Miami Law Review

No abstract provided.

Fleeing Time Below The Poverty Line-Is It A Crime? C.E.L. V. State And Its Impact On Indigent Defense And Police-Citizen Relations, Theresa Nolan Breslin

University of Miami Law Review

No abstract provided.

Building A New Identity: Race, Gangs, And Violence In California Prisons, Dale Noll

University of Miami Law Review

No abstract provided.

Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer

University of Miami International and Comparative Law Review

No abstract provided.

The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed

University of Miami International and Comparative Law Review

No abstract provided.

The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

Intelligible Justice, Michael Serota

University of Miami Law Review

No abstract provided.

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

University of Miami Law Review

No abstract provided.

Summary Disposition: The Only Way Out Is Through?, Lauran San Roman Guijarro

University of Miami Law Review

No abstract provided.

Juvenile Justice Appeals, Megan Annitto

University of Miami Law Review

No abstract provided.

The Right U.S. Immigration Enforcement Solution: "Make Haste Slowly", Michael J. Larson

University of Miami Law Review

No abstract provided.