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Articles 1 - 14 of 14

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.


National Airline Policy, Timothy M. Ravich Oct 2014

National Airline Policy, Timothy M. Ravich

University of Miami Business Law Review

No abstract provided.


“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 that the …


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.


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. …


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 …


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 …


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 since …


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.


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.


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.


Legislating Our Reasonable Expectations: Making The Case For A Statutory Framework To Protect Workplace Privacy In The Age Of Social Media, David Miller Jan 2014

Legislating Our Reasonable Expectations: Making The Case For A Statutory Framework To Protect Workplace Privacy In The Age Of Social Media, David Miller

University of Miami Business Law Review

No abstract provided.


Tax Accounting Myths, George Mundstock Jan 2014

Tax Accounting Myths, George Mundstock

University of Miami Business Law Review

No abstract provided.


Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark Jan 2014

Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark

University of Miami Business Law Review

No abstract provided.