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University of Miami Law School

2014

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Articles 1 - 30 of 129

Full-Text Articles in Law

Panel On Negotiating Acquisitions Of Public Companies, Moderator Richard E. Climan, Counsel For The Acquiring Company Joel I. Greenberg, Counsel For The Target Company Lou R. Kling, Honorable E. Norman Veasey, Harvey A. Goldman, Dennis S. Hersch, Samuel C. Thompson Dec 2014

Panel On Negotiating Acquisitions Of Public Companies, Moderator Richard E. Climan, Counsel For The Acquiring Company Joel I. Greenberg, Counsel For The Target Company Lou R. Kling, Honorable E. Norman Veasey, Harvey A. Goldman, Dennis S. Hersch, Samuel C. Thompson

University of Miami Business Law Review

No abstract provided.


Educación Legal En Los Estados Unidos I: Facultades De Derecho Y El Juris Doctor, Maria Elena Cobas Cobiella, M. C. Mirow Oct 2014

Educación Legal En Los Estados Unidos I: Facultades De Derecho Y El Juris Doctor, Maria Elena Cobas Cobiella, M. C. Mirow

University of Miami Inter-American Law Review

Este artículo se presenta en dos partes. La primera parte da una breve historia de la educación legal en los Estados Unidos, una descripción de las facultades de derecho hoy en día, y el contenido de la carrera de grado rofesional de derecho en dicho país, el Juris Doctor, o J.D. La segunda parte, publicada en el volúmen siguiente de esta revista, describe los estudios de postgrados en derecho en los Estados Unidos, la educación continuada para abogados, y algunas consideraciones comparativas, sobre todo con respecto al Plan de Bolonia.


Salvage At Your Own Peril: A Common Law Approach To Maritime Treasure Recovery, Christopher A. Noel Oct 2014

Salvage At Your Own Peril: A Common Law Approach To Maritime Treasure Recovery, Christopher A. Noel

University of Miami Inter-American Law Review

No abstract provided.


Molly And The Crack House Statute: Vulnerabilities Of A Recuperating Music Industry, Jacob A. Epstein Oct 2014

Molly And The Crack House Statute: Vulnerabilities Of A Recuperating Music Industry, Jacob A. Epstein

University of Miami Business Law Review

The normalcy of “club drug” use in today’s live music culture makes concert promoters and venue managers particularly vulnerable to prosecution under the “crack-house statute,” 21 U.S.C. § 856. Section 856(a)(2) makes it illegal for a promoter or venue manager to “manage any place . . . and knowingly and intentionally . . . profit from, or make available for use . . . the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.” In United States v. Tebeau, the Eighth Circuit Court of Appeals held that third parties could satisfy the statute’s “intent” requirement. This Note examines the ...


Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh Oct 2014

Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh

University of Miami Business Law Review

No abstract provided.


Barter, Bearer, And Bitcoin: The Likely Future Of Stateless Virtual Money, Cara R. Baros Oct 2014

Barter, Bearer, And Bitcoin: The Likely Future Of Stateless Virtual Money, Cara R. Baros

University of Miami Business Law Review

Over the past few years, virtual money has emerged via the Internet. Although currently unregulated, Internal Revenue System Notice 2014-21 will most likely cause virtual money to lose its mass appeal in the United States. Historically, other means of tax avoidance, including barter transactions and bearer bonds, have suffered the same fate. Virtual money will likely have more success as a technology than as a means of value.


Export Control Proliferation: The Effects Of United States Governmental Export Control Regulations On Small Businesses—Requisite Market Share Loss; A Remodeling Approach, Jared A. Borocz-Cohen Oct 2014

Export Control Proliferation: The Effects Of United States Governmental Export Control Regulations On Small Businesses—Requisite Market Share Loss; A Remodeling Approach, Jared A. Borocz-Cohen

University of Miami Business Law Review

Made in the USA. This phrase, stamped on the bottom of many domestic items, is becoming increasingly difficult to find abroad. The United States government, of course, regulates almost every good manufactured in America. The obvious federal regulations encompass topics such as, but not limited to, consumer safety, durability, and warranty. However, perhaps the most important of these regulations are those aimed at national security. Federal regulations concerning national security is the junction at which export controls come into play. The central goal of export controls in the United States, and globally, is to promote security. The main issue this ...


“Dope” Dilemmas In A Budding Future Industry: An Examination Of The Current Status Of Marijuana Legalization In The United States, Steven A. Vitale Oct 2014

“Dope” Dilemmas In A Budding Future Industry: An Examination Of The Current Status Of Marijuana Legalization In The United States, Steven A. Vitale

University of Miami Business Law Review

This Comment provides an in-depth analysis of the current status regarding legalization of marijuana in the United States. It begins by tracing a brief history of the legalization movement in this country. The next section addresses the federal-state law conflict issue, coupled with a thorough analysis of two recent and relatively unexamined developments—the Department of Justice’s August 29, 2013 memorandum issued as a guide to federal prosecutors concerning marijuana law enforcement, and the September 10, 2013 judicial committee hearing on the conflict between federal and state marijuana laws. So long as the federal-state law conflict exists, it seems ...


Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza Oct 2014

Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza

University of Miami Business Law Review

Although the use of arbitration provisions in collective bargaining agreements and executive employment contracts serve a beneficial purpose for workers and employers alike, the growing use of mandatory, pre-dispute arbitration agreements in non-unionized employment settings stands as an obstacle for employees to vindicate their statutorily prescribed civil rights. In particular, by forcing workers to share in the unique costs of arbitration, employees may be deterred from bringing otherwise meritorious claims. Given the federal policy favoring arbitration, and in the absence of legislation banning mandatory employment arbitration agreements, it is essential for arbitration service providers and drafters of arbitration clauses to ...


National Airline Policy, Timothy M. Ravich Oct 2014

National Airline Policy, Timothy M. Ravich

University of Miami Business Law Review

No abstract provided.


Mandating The Supersize Option: The Legality Of Government Intervention In The Fast Food Industry To Address Insufficient Wages And Close The Public Assistance Gap, Joshua A. Berman Oct 2014

Mandating The Supersize Option: The Legality Of Government Intervention In The Fast Food Industry To Address Insufficient Wages And Close The Public Assistance Gap, Joshua A. Berman

University of Miami Business Law Review

Several prominent studies have recently highlighted how the federal government tacitly subsidizes insufficient wages paid in certain industries–notably, major corporations within the fastfood sector. Historically, the government addressed insufficient wages by implementing a minimum standard-of-living wage. Since the New Deal inception of this remedy, the Judiciary has regularly upheld the minimum wage in the face of challenges to its constitutionality. Given the recent passage of a substantial increase in the minimum wage and the toxic political cloud hovering over the United States Congress, President Obama likely will have a difficult time in passing another increase, as he has promised ...


Proportionality 2.0: Evaluating Military Force In A Modern International Humanitarian Legal Framework, Deborah Beth Medows Oct 2014

Proportionality 2.0: Evaluating Military Force In A Modern International Humanitarian Legal Framework, Deborah Beth Medows

University of Miami International and Comparative Law Review

No abstract provided.


Deepwater Transboundary Hydrocarbons: Considerations For Exploitation At The Edge Of Continental Margins Under The United Nations Convention On Thelaw Of The Sea (1982) Between Coastal States And The International Seabed Authority, Erik A. Neff Oct 2014

Deepwater Transboundary Hydrocarbons: Considerations For Exploitation At The Edge Of Continental Margins Under The United Nations Convention On Thelaw Of The Sea (1982) Between Coastal States And The International Seabed Authority, Erik A. Neff

University of Miami International and Comparative Law Review

No abstract provided.


Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni Oct 2014

Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni

University of Miami International and Comparative Law Review

No abstract provided.


Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers Oct 2014

Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers

University of Miami International and Comparative Law Review

No abstract provided.


Matter Of Discretion: The De Facto Abolition Of The Mandatory Death Penalty In Barbados – A Study Of The Boyce And Joseph Cases, Jane E. Cross Oct 2014

Matter Of Discretion: The De Facto Abolition Of The Mandatory Death Penalty In Barbados – A Study Of The Boyce And Joseph Cases, Jane E. Cross

University of Miami Inter-American Law Review

No abstract provided.


If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry Oct 2014

If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry

University of Miami International and Comparative Law Review

No abstract provided.


The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary Oct 2014

The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary

University of Miami Inter-American Law Review

No abstract provided.


Indirect Expropriation And Resource Nationalism In Brazil’S Mining Industry, Montserrat Corbella-Valea Oct 2014

Indirect Expropriation And Resource Nationalism In Brazil’S Mining Industry, Montserrat Corbella-Valea

University of Miami Inter-American Law Review

No abstract provided.


Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel Jul 2014

Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel

University of Miami Business Law Review

No abstract provided.


Race To Incarcerate: Punitive Impulse And The Bid To Repeal Stand Your Ground, Aya Gruber Jul 2014

Race To Incarcerate: Punitive Impulse And The Bid To Repeal Stand Your Ground, Aya Gruber

University of Miami Law Review

No abstract provided.


A Call For Change: A Contextual-Configurative Analysis Of Florida's "Stand Your Ground" Laws, Elizabeth Megale Jul 2014

A Call For Change: A Contextual-Configurative Analysis Of Florida's "Stand Your Ground" Laws, Elizabeth Megale

University of Miami Law Review

No abstract provided.


"Stand Your Ground" Laws: International Human Rights Law Implications, Ahmad Abuznaid, Caroline Bettinger-López, Charlotte Cassel, Meena Jagannath Jul 2014

"Stand Your Ground" Laws: International Human Rights Law Implications, Ahmad Abuznaid, Caroline Bettinger-López, Charlotte Cassel, Meena Jagannath

University of Miami Law Review

No abstract provided.


Affirmative Action In Brazil: Its Recent Developments And The Argument For A Narrow Federalism Doctrine, Thomas W. Davis Jul 2014

Affirmative Action In Brazil: Its Recent Developments And The Argument For A Narrow Federalism Doctrine, Thomas W. Davis

University of Miami Race & Social Justice Law Review

No abstract provided.


Front Matter And Table Of Contents Jul 2014

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.


The Hunting Of Man: Lies, Damn Lies, And Police Interrogations, Miller W. Shealy Jr. Jul 2014

The Hunting Of Man: Lies, Damn Lies, And Police Interrogations, Miller W. Shealy Jr.

University of Miami Race & Social Justice Law Review

The job of the police is to stop crime by stopping criminals. It is a real life, deadly cat-and-mouse game where the hunter and the hunted spar for advantage and success. To accomplish its goals, law enforcement can draw from a vast array of technologies, stratagems, and devices. One of the primary weapons in the law enforcement arsenal is deceit. Criminals, like most prey, are lured into clever traps set by police. The police create circumstances and situations that are designed to prompt the criminal suspect into revealing incriminating information. This is obvious in the use of confidential informants, undercover ...


Throwing The Red Flag: Why The Nfl Should Challenge The Ruling On The Field That Player Decertification Lowers The Antitrust Shield, Alexandra Hayes Jul 2014

Throwing The Red Flag: Why The Nfl Should Challenge The Ruling On The Field That Player Decertification Lowers The Antitrust Shield, Alexandra Hayes

University of Miami Business Law Review

No abstract provided.


"He's A Black Male … Something Is Wrong With Him!" The Role Of Race In The Stand Your Ground Debate, D. Marvin Jones Jul 2014

"He's A Black Male … Something Is Wrong With Him!" The Role Of Race In The Stand Your Ground Debate, D. Marvin Jones

University of Miami Law Review

No abstract provided.


"Stand Your Ground" In Context: Race, Gender, And Politics, Donna Coker Jul 2014

"Stand Your Ground" In Context: Race, Gender, And Politics, Donna Coker

University of Miami Law Review

No abstract provided.


Real Men Advance, Real Women Retreat: Stand Your Ground, Battered Women's Syndrome, And Violence As Male Privilege, Mary Anne Franks Jul 2014

Real Men Advance, Real Women Retreat: Stand Your Ground, Battered Women's Syndrome, And Violence As Male Privilege, Mary Anne Franks

University of Miami Law Review

No abstract provided.