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University of Miami Law School

2013

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Articles 1 - 30 of 120

Full-Text Articles in Law

Law As Shield, Law As Sword: The Icc’S Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Participation, Chris Jenks Oct 2013

Law As Shield, Law As Sword: The Icc’S Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Participation, Chris Jenks

University of Miami National Security & Armed Conflict Law Review

The International Criminal Court’s Lubanga decision has been hailed as a landmark ruling heralding an end to impunity for those who recruit and employ children in armed conflict and a pivotal victory for the protection of children. Overlooked amidst this self-­‐congratulation is that the ICC incorrectly applied the law governing civilian participation in hostilities which perversely places child soldiers at greater risk of being attacked. The Court created a false distinction between active and direct participation in hostilities. Expanding the kinds and types of behaviors that constitute children actively participating in hostilities expanded Lubanga¹s liability. But under the ...


Cyber Utilities Infrastructure And Government Contracting, Corey P. Gray Oct 2013

Cyber Utilities Infrastructure And Government Contracting, Corey P. Gray

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


The Application Of The Administrative Procedure Act To Private-­‐Public Sector Partnerships In Homeland Security, Michael James Weiss Oct 2013

The Application Of The Administrative Procedure Act To Private-­‐Public Sector Partnerships In Homeland Security, Michael James Weiss

University of Miami National Security & Armed Conflict Law Review

Increasingly, the U.S. federal government is turning to the use of private-­public sector partnerships (“PPP”), especially in the area of homeland security. Although these partnerships have numerous benefits, there are several problems that arise in their practice, particularly when they are used in homeland security.

This note will outline and detail these problems, including deputization, excessive congressional oversight, and management and accountability. In addition, this note will present solutions to resolving the issue of centralization. In other words, this note will advocate for a single agency that implements, manages, and creates rules for all PPPs within the Department ...


Front Matter And Table Of Contents Oct 2013

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves Oct 2013

Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves

University of Miami National Security & Armed Conflict Law Review

Technological advances are altering the contemporary asymmetric conflicts between non-­‐state armed groups and state actors. This article discusses the humanitarian consequences of these changing conflicts by first illustrating the dangers posed by non-­‐state armed groups gaining access to advanced technologies. A subsequent examination of the increasing ability of non-­‐state armed groups to use new technologies, such as cyber operations, to mitigate state actor advantages and the resultant risks to civilian populations follows. The article concludes that the humanitarian challenges presented by this growing intimacy between non-­‐state armed groups and technology, whether through a potentially devastating attack ...


Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare, Mark Mccary Oct 2013

Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare, Mark Mccary

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Separate But Equal Accountability: The Case Of Omar Khadr, Grantland Lyons Oct 2013

Separate But Equal Accountability: The Case Of Omar Khadr, Grantland Lyons

University of Miami National Security & Armed Conflict Law Review

This Note addresses the question of whether to hold child combatants or their commanders accountable for war crimes, and if so, how and to what extent. The author ultimately concludes that child combatants and their commanders should be held equally accountable for their actions, but by measures that appropriately balance individual and public interests in rehabilitation, reintegration, and deterrence.

The Note focuses on Omar Khadr, a former child combatant, while using other cases as a reference point for current international legal norms. The author analyzes Khadr’s combatant status review, subsequent legal proceedings, detention, and sentence in light of various ...


Masthead Oct 2013

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Terrorism, Ticking Time-­‐Bombs, And Torture: A Philosophical Analysis, By Fritz Allhoff, Krysta Ku Oct 2013

Terrorism, Ticking Time-­‐Bombs, And Torture: A Philosophical Analysis, By Fritz Allhoff, Krysta Ku

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Futurlawma: 21st Century Solutions To 31st Century Problems, Justin S. Wales Oct 2013

Futurlawma: 21st Century Solutions To 31st Century Problems, Justin S. Wales

University of Miami Law Review

No abstract provided.


Inconsistency In Antitrust, Ramsi A. Woodcock Oct 2013

Inconsistency In Antitrust, Ramsi A. Woodcock

University of Miami Law Review

No abstract provided.


Rent A Reef? How The Privatization Of Florida Coral Reefs May Advance Local Conservation Efforts, Natalie Harrison Oct 2013

Rent A Reef? How The Privatization Of Florida Coral Reefs May Advance Local Conservation Efforts, Natalie Harrison

University of Miami Law Review

No abstract provided.


The Impact Of Preemption In The Nfl Concussion Litigation, Kelly A. Heard Oct 2013

The Impact Of Preemption In The Nfl Concussion Litigation, Kelly A. Heard

University of Miami Law Review

No abstract provided.


A New American Dilemma?: U.S. Constitutionalism Vs. International Human Rights, Stanley N. Katz Oct 2013

A New American Dilemma?: U.S. Constitutionalism Vs. International Human Rights, Stanley N. Katz

University of Miami Law Review

No abstract provided.


Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos Oct 2013

Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos

University of Miami Law Review

The Patient Protection and Affordable Care Act includes an individual mandate that penalizes individuals who do not purchase health insurance. Critics of the individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to buy a product. Supporters concede that the mandate coerces but argue that it is otherwise permissible under the Commerce Clause. This article questions whether the individual mandate coerces. It uses a simple economic model to show that, under certain conditions, the individual mandate induces insurers to sell health insurance at a price each ...


Supermarkets In India: Struggles Over The Organization Of Agricultural Markets And Food Supply Chains, Amy J. Cohen Oct 2013

Supermarkets In India: Struggles Over The Organization Of Agricultural Markets And Food Supply Chains, Amy J. Cohen

University of Miami Law Review

This article analyzes the conflicts and distributional effects of efforts to restructure food supply chains in India. Specifically, it examines how large retail corporations are presently attempting to transform how fresh produce is produced and distributed in the "new" India-and efforts by policymakers, farmers, and traders to resist these changes. It explores these conflicts in West Bengal, a state that has been especially hostile to supermarket chains. Via an ethnographic study of small producers, traders, corporate leaders, and policymakers in the state, the article illustrates what food systems, and the legal and extralegal rules that govern them, reveal about the ...


Facilitando The Cloud: Data Protection Regulation As A Driver Of National Competitiveness In Latin America, Horacio Gutiérrez, Daniel Korn Oct 2013

Facilitando The Cloud: Data Protection Regulation As A Driver Of National Competitiveness In Latin America, Horacio Gutiérrez, Daniel Korn

University of Miami Inter-American Law Review

No abstract provided.


Lotteries And Public Policy In United States And Commonwealth Caribbean Law: Scrutinizing The Success Of Lotteries As A Voluntary And “Painless” Tax, Stephen J. Leacock Oct 2013

Lotteries And Public Policy In United States And Commonwealth Caribbean Law: Scrutinizing The Success Of Lotteries As A Voluntary And “Painless” Tax, Stephen J. Leacock

University of Miami Inter-American Law Review

No abstract provided.


The Eyes Of The World: Charges, Challenges, And Guantánamo Military Commissions After Hamdan Ii, Christina M. Frohock Oct 2013

The Eyes Of The World: Charges, Challenges, And Guantánamo Military Commissions After Hamdan Ii, Christina M. Frohock

University of Miami National Security & Armed Conflict Law Review

Guantánamo military commissions are under a spotlight, scrutinized by the judiciary and the public. Just the word “Guantánamo” can trigger impassioned reactions from both advocates and detractors. This article takes a measured view, examining a recent opinion from the U.S. Court of Appeals for the D.C. Circuit, Hamdan v. United States (“Hamdan II”), that speaks to the legitimacy of military commissions convened in Guantánamo to try the September 11th defendants and others. While several media commentators seized on the opinion as striking a blow to Guantánamo proceedings, in fact the opinion approves military commissions and offers a roadmap ...


Financial Inclusion In Peru: Lessons From Kenya's Regulatory Approach On E-Money, David E. Rodrigues Gonçalves Oct 2013

Financial Inclusion In Peru: Lessons From Kenya's Regulatory Approach On E-Money, David E. Rodrigues Gonçalves

University of Miami International and Comparative Law Review

No abstract provided.


Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart Oct 2013

Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart

University of Miami International and Comparative Law Review

No abstract provided.


Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver Oct 2013

Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver

University of Miami International and Comparative Law Review

No abstract provided.


A Review Of International Business Tax Reform, Alexander M. Lewis Oct 2013

A Review Of International Business Tax Reform, Alexander M. Lewis

University of Miami International and Comparative Law Review

No abstract provided.


Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas Oct 2013

Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas

University of Miami International and Comparative Law Review

No abstract provided.


The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr. Oct 2013

The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.

University of Miami Inter-American Law Review

No abstract provided.


All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg Oct 2013

All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg

University of Miami Inter-American Law Review

No abstract provided.


Chafin V. Chafin: Protecting A U.S. Parent’S Power To Litigate International Abductions, Monique Vieites Oct 2013

Chafin V. Chafin: Protecting A U.S. Parent’S Power To Litigate International Abductions, Monique Vieites

University of Miami Inter-American Law Review

No abstract provided.


Ruiz V. Robinson: Stemming The U.S. Citizen Casualties In The War Of Attrition Against Undocumented Immigrants, Andrew R. Verblow Esq. Oct 2013

Ruiz V. Robinson: Stemming The U.S. Citizen Casualties In The War Of Attrition Against Undocumented Immigrants, Andrew R. Verblow Esq.

University of Miami Inter-American Law Review

No abstract provided.


The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott Oct 2013

The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott

University of Miami Inter-American Law Review

No abstract provided.


Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria Oct 2013

Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria

University of Miami Inter-American Law Review

No abstract provided.