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University of Miami Law School

2019

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Articles 1 - 30 of 110

Full-Text Articles in Law

Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia Dec 2019

Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia

University of Miami Inter-American Law Review

No abstract provided.


International Law Or International Politics? The Guaidó V. Maduro Conundrum At The Inter-American Development Bank, Félix A. Quintero Vollmer Dec 2019

International Law Or International Politics? The Guaidó V. Maduro Conundrum At The Inter-American Development Bank, Félix A. Quintero Vollmer

University of Miami Inter-American Law Review

No abstract provided.


U.S. Immigration Policy: A Barrier To Immigrant Entrepreneurs, Innovation, And Startup Growth?, Courtney Kaiser Dec 2019

U.S. Immigration Policy: A Barrier To Immigrant Entrepreneurs, Innovation, And Startup Growth?, Courtney Kaiser

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents Dec 2019

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Masthead Dec 2019

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo Dec 2019

Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo

University of Miami Inter-American Law Review

The regulation of incorporated companies in Latin America and Continental Europe appears to distance itself from that in the United States. It differs in how it structures itself and handles incorporation, incorporators, piercing, governance, discipline, and shareholders. In their regulatory exertions, both regimes rely, certainly, on legislation and adjudication yet do so differently, qualitatively in addition to quantitatively.

Apparently, civil and common law continue to specialize respectively though not exclusively in statutes and binding precedents. Still, they ever more frequently intrude into each other’s apparent specialty, while leaving their own imprint on it. The tendency to converge coexists with ...


Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón Dec 2019

Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón

University of Miami Inter-American Law Review

Technology is changing our everyday lives at a faster rate every minute from artificial intelligence and medical advances in robotics to the upcoming self-driving cars. Every sector of our lives is being impacted, disrupted, and constantly altered by innovations, including our finances. In the developed markets, fintech, or financial technology, is the new and exciting area of product innovation for financial services. The innovations rely on the internet, blockchain technology, and the new and highly controversial digital currencies. Consequently, new digital platforms and mobile applications create new possibilities while being accessible to more people at a lower cost across borders ...


Copyright’S Facelift: An Analysis Of The New Look Of Copyright Following The Music Modernization Act And The United States-Mexico-Canada Agreement, Octavious A. Buiey Jr. Dec 2019

Copyright’S Facelift: An Analysis Of The New Look Of Copyright Following The Music Modernization Act And The United States-Mexico-Canada Agreement, Octavious A. Buiey Jr.

University of Miami Inter-American Law Review

No abstract provided.


How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears Dec 2019

How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears

University of Miami Inter-American Law Review

“How Animal Science Products, Inc. Plays a Role in the China and U.S. International Relations Saga” takes a look at a June 2018 Supreme Court decision that ruled federal courts are not bound to defer to a foreign government’s interpretation of its own law. This paper discusses the pros and cons of absolute deference to foreign governments in these instances, in addition to examining the effectiveness of foreign amicus briefs in antitrust cases before the Supreme Court. This paper finishes with a discussion on the current state of international relations China and the U.S., with a summary ...


Cuban Asset Control Regulations: The Transfer Of Estate Assets To Cuban Heirs Under The Obama And Trump Administrations, Madeleine N. Elser Dec 2019

Cuban Asset Control Regulations: The Transfer Of Estate Assets To Cuban Heirs Under The Obama And Trump Administrations, Madeleine N. Elser

University of Miami Inter-American Law Review

No abstract provided.


Who Ya Gonna Call? An Analysis Of Paradigm Shifts And Social Harms As A Result Of Hyper-Viral Police Violence, Ariana H. Aboulafia Dec 2019

Who Ya Gonna Call? An Analysis Of Paradigm Shifts And Social Harms As A Result Of Hyper-Viral Police Violence, Ariana H. Aboulafia

University of Miami Race & Social Justice Law Review

No abstract provided.


Centering Race At The Medical-Legal Partnership In Hawai’I, Dina Shek Dec 2019

Centering Race At The Medical-Legal Partnership In Hawai’I, Dina Shek

University of Miami Race & Social Justice Law Review

No abstract provided.


Extraordinary And Compelling: Madison V. Alabama And The Issue Of Prison Reform For Elderly Prisoners, Jennifer Leto Dec 2019

Extraordinary And Compelling: Madison V. Alabama And The Issue Of Prison Reform For Elderly Prisoners, Jennifer Leto

University of Miami Race & Social Justice Law Review

No abstract provided.


Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew Dec 2019

Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew

University of Miami Race & Social Justice Law Review

No abstract provided.


The Impact Of Racism On Maternal Health Outcomes For Black Women, Gabrielle T. Wynn Dec 2019

The Impact Of Racism On Maternal Health Outcomes For Black Women, Gabrielle T. Wynn

University of Miami Race & Social Justice Law Review

No abstract provided.


Front Matter And Table Of Contents Dec 2019

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.


Access To Law Or Access To Lawyers? Master’S Programs In The Public Educational Mission Of Law Schools, Mark Edwin Burge Nov 2019

Access To Law Or Access To Lawyers? Master’S Programs In The Public Educational Mission Of Law Schools, Mark Edwin Burge

University of Miami Law Review

The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This Article argues that non-lawyer ...


Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen Nov 2019

Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen

University of Miami Law Review

Bitcoin permits users to engage in direct expressive activity with one another without the need for centralized intermediaries. It does so by utilizing an open and community-managed global database called a blockchain. While much of the literature about Bitcoin has focused on its use as a form of digital payment, this Article suggests an expanded understanding by demonstrating its use as a protocol network, not unlike the internet, that can be used to extend the possible range of human expression. After developing an appreciation of the technology, this Article recommends a framework for applying the First Amendment to Bitcoin and ...


A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran Nov 2019

A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran

University of Miami Law Review

The Eighth Amendment prohibits cruel and unusual punishment in the criminal justice system. As the federal government looks to reinstate the death penalty, this Note argues that it should include firing squad as an option for carrying out executions. While firing squads may shock the senses, this Note argues that they are in fact the only way to comport with the requirements of the Eighth Amendment.


Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón Nov 2019

Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón

University of Miami Law Review

The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor ...


Nipped In The Bud: How Legal Disparities Create Financial Growth Hurdles In The State-Sanctioned Marijuana Industry And Why Bankruptcy Courts Can Provide A Remedy, Caitlyn Cullen Nov 2019

Nipped In The Bud: How Legal Disparities Create Financial Growth Hurdles In The State-Sanctioned Marijuana Industry And Why Bankruptcy Courts Can Provide A Remedy, Caitlyn Cullen

University of Miami Law Review

A new marijuana industry has emerged in the United States in the wake of state-by-state legalization of marijuana, and entrepreneurs, investors, and other advisory services are increasingly viewing the marijuana industry as an area of legitimate business opportunity. However, potential investors have been hesitant to establish formal relationships with marijuana businesses that operate legitimately in the eyes of the state but in a cloud of legal uncertainty at the federal level because the Controlled Substances Act criminalizes marijuana. This Note identifies two economic consequences of the conflicts of state and federal law and suggests a temporary solution that would allow ...


Prefatory Matter And Table Of Contents Nov 2019

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.


Justice Scalia Got It Right, But For The Wrong Reasons: Scalia’S Recognition Of The Supreme Court’S “Southern Exception” In U.S. Constitutional Jurisprudence And The Connection Of “Southern Exceptionalism” To “American Exceptionalism", James D. Wilets Nov 2019

Justice Scalia Got It Right, But For The Wrong Reasons: Scalia’S Recognition Of The Supreme Court’S “Southern Exception” In U.S. Constitutional Jurisprudence And The Connection Of “Southern Exceptionalism” To “American Exceptionalism", James D. Wilets

University of Miami Law Review

The late Justice Scalia has repeatedly and sardonically noted that the Supreme Court has discounted the views of Southern states in determining whether there is a consensus among the states with regards to a Constitutional norm. This Article has termed that Supreme Court position as “Southern Exception” and can be viewed as an effort by some Justices to address the unique social, economic, religious and cultural traditions in the South engendered by its unique" and “exceptional” history. This Article will also explore how this "Southern Exception" affected American jurisprudence to the point of rendering it "exceptional" from much of the ...


Front Matter And Table Of Contents Aug 2019

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.


What We Can Do Now? Addressing Intersectionality Challenges In Work And Social Structures, The Single Academic Woman Of Color As An Exceptional Case, Loretta A. Moore, Angela Mae Kupenda, Deidre L. Wheaton, Michelle D. Deardorff, Evelyn J. Leggette Aug 2019

What We Can Do Now? Addressing Intersectionality Challenges In Work And Social Structures, The Single Academic Woman Of Color As An Exceptional Case, Loretta A. Moore, Angela Mae Kupenda, Deidre L. Wheaton, Michelle D. Deardorff, Evelyn J. Leggette

University of Miami Race & Social Justice Law Review

No abstract provided.


Masthead Aug 2019

Masthead

University of Miami Race & Social Justice Law Review

No abstract provided.


Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez-Martínez Aug 2019

Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez-Martínez

University of Miami Race & Social Justice Law Review

No abstract provided.


Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac Aug 2019

Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac

University of Miami Race & Social Justice Law Review

No abstract provided.


Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear Aug 2019

Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear

University of Miami Race & Social Justice Law Review

No abstract provided.


Good Parents: The Homonormative Appropriation Of Children Of Color, Cassandra Hall Aug 2019

Good Parents: The Homonormative Appropriation Of Children Of Color, Cassandra Hall

University of Miami Race & Social Justice Law Review

No abstract provided.