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University of Miami Law School

2019

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Articles 31 - 60 of 110

Full-Text Articles in Law

Interest Convergence And The Extension Of U.S. Citizenship To Puerto Rico, Charles R. Venator-Santiago Aug 2019

Interest Convergence And The Extension Of U.S. Citizenship To Puerto Rico, Charles R. Venator-Santiago

University of Miami Race & Social Justice Law Review

No abstract provided.


Advocacy Before The Eleventh Circuit: A Clerk’S Perspective, Kevin Golembiewski, Jessica Arden Ettinger Jun 2019

Advocacy Before The Eleventh Circuit: A Clerk’S Perspective, Kevin Golembiewski, Jessica Arden Ettinger

University of Miami Law Review

Appellate attorneys must tailor their advocacy to the court hearing their appeal. Each court of appeals has different jurisprudence, rules, traditions, and decision-making processes. Yet there are few articles on appellate advocacy tailored to a particular court. We wrote this article to help fill that gap. As former law clerks for the United States Court of Appeals for the Eleventh Circuit, we offer advice specifically for attorneys who practice before the Eleventh Circuit. Our advice is based on our experiences as clerks, as well as our analysis of the Eleventh Circuit’s rules, procedures, and public statistics. We offer no ...


The Law As Uncopyrightable: Merging Idea And Expression Within The Eleventh Circuit’S Analysis Of “Law-Like” Writing, Christina M. Frohock Jun 2019

The Law As Uncopyrightable: Merging Idea And Expression Within The Eleventh Circuit’S Analysis Of “Law-Like” Writing, Christina M. Frohock

University of Miami Law Review

The Eleventh Circuit recently issued an opinion in Code Revision Commission v. Public.Resource.Org, Inc. that meditates on the law as much as resolves a dispute. For that reason alone, attention should be paid. A commission acting on behalf of the Georgia General Assembly and the State of Georgia filed a copyright infringement action against a nonprofit organization that had disseminated annotated state statutes. The Eleventh Circuit took these modest facts and delivered a philosophical analysis of the nature of law, finding that statutory annotations are outside copyright protection because the true author of such “law-like” writing is “the ...


Why Don’T Judges Case Manage?, Hon. Jennifer D. Bailey Jun 2019

Why Don’T Judges Case Manage?, Hon. Jennifer D. Bailey

University of Miami Law Review

The problems of cost and delay experienced by parties seeking civil justice have been the subject of complaints for nearly one hundred years, going back to the days of Roscoe Pound. In the past few years, court leadership across the country has emphasized judicial case management as a significant tool for delivery of cost-effective, fair, and timely civil justice. The declining civil caseload has brought new urgency to these problems as evidence grows that litigants are deserting the civil justice system. Calls for case management to contain cost and delay have come from the Chief Justice of the United States ...


The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk May 2019

The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk

University of Miami International and Comparative Law Review

No abstract provided.


Breaking The Perceptions Of Islamic Monolithism, Dr. Fatemah Albader May 2019

Breaking The Perceptions Of Islamic Monolithism, Dr. Fatemah Albader

University of Miami International and Comparative Law Review

No abstract provided.


Improving The Odds: Strengthening The Prospects For Accountability In The Syrian Conflict By Regulating The Marketplace For Information On Atrocity Crimes, Kaitlin Owens May 2019

Improving The Odds: Strengthening The Prospects For Accountability In The Syrian Conflict By Regulating The Marketplace For Information On Atrocity Crimes, Kaitlin Owens

University of Miami International and Comparative Law Review

No abstract provided.


The Challenges Of Implementing A Governing Body For Regulating Esports, Jacqueline Martinelli May 2019

The Challenges Of Implementing A Governing Body For Regulating Esports, Jacqueline Martinelli

University of Miami International and Comparative Law Review

This paper will discuss the recent growth in the esports industry and the challenges in developing a single regulatory model. Currently, there are multiple organizations that claim to govern the esports industry, but they all cover different areas of the sport which causes them to lack cohesion. These organizations lack the enforcement mechanism needed to back up the regulations that they propose. This creates a legitimacy issue at the same time that concerns over corruption continue to grow. These considerations make clear that there needs to be a single regulatory body to oversee the esports industry to preserve the legitimacy ...


The Resurrection Of The Consumer Expectations Test: A Regression In American Products Liability, Tiffany Colt May 2019

The Resurrection Of The Consumer Expectations Test: A Regression In American Products Liability, Tiffany Colt

University of Miami International and Comparative Law Review

No abstract provided.


Regulating The Blue Revolution: A Sea Of Change For The United States’ Offshore Aquaculture Industry Or A Missed Opportunity For Increased Sustainability, Elan Lowenstein May 2019

Regulating The Blue Revolution: A Sea Of Change For The United States’ Offshore Aquaculture Industry Or A Missed Opportunity For Increased Sustainability, Elan Lowenstein

University of Miami International and Comparative Law Review

Aquaculture has the potential to be one of the most efficient methods of food production to date. In recent years, the developments in offshore finfish aquaculture have proven to be more environmentally friendly than large-scale terrestrial animal farming, requiring a fraction of resources such as freshwater which are becoming more scarce in the face of global population growth, while also relieving pressures on wild fisheries. The United States is one of the largest global consumers of seafood, importing about ninety-percent of its supply. The current regulatory framework for offshore aquaculture in the United States is effectively non-existent. Federal courts have ...


Blame It On The Blockchain: Cryptocurrencies Boom Amidst Global Regulations, Jorge Galavis May 2019

Blame It On The Blockchain: Cryptocurrencies Boom Amidst Global Regulations, Jorge Galavis

University of Miami International and Comparative Law Review

Blockchain technologies created the most valuable digital currency in the world; Bitcoin. Bitcoin uses a Blockchain to be decentralized and widely accessible: Blockchains work by recording all transactions into online ledgers that are saved onto many separate blocks across the internet. Coins that use Blockchain technology are inherently difficult to modify, and transactions are permanently recorded because of the redundancy and reliability of the Blockchain system. So, this widely-available means of exchange has gained appeal as an online alternative to traditional currencies and securities. Blockchain coins gain popularity as currencies where there is reason to doubt the existing traditional currencies ...


Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem May 2019

Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem

University of Miami International and Comparative Law Review

In March 2018, Process & Industrial Developments Limited (P&ID) filed a petition at the United States District Court for the District of Columbia to confirm an arbitral award against the Federal Republic of Nigeria. The proceedings were conducted in three phases – jurisdictional, liability, and damages. The arbitration provision in the underlying contract hardly represented a model of clarity. It provided for the application of the Nigerian arbitration act to any dispute between the parties. On the other hand, it specified London as the “venue” of the proceedings. This posed a problem as to whether Nigeria was the juridical seat of ...


The Unlikely Duo That Shocked The Intellectual Property World And Why The Supreme Court Was The Chosen One To Restore Balance, Nicholas Dilts May 2019

The Unlikely Duo That Shocked The Intellectual Property World And Why The Supreme Court Was The Chosen One To Restore Balance, Nicholas Dilts

University of Miami Law Review

The United States Congress passed the Leahy Smith America Invents Act in 2011 in an effort to streamline the patent system and reduce patent litigation, allowing the United States to continue to be competitive globally. The Act enabled the U.S. Patent Office to facilitate patent challenges through an administrative process called inter partes review, an adversarial proceeding before the newly established Patent Trial and Appeal Board that was designed to be a cheaper and more efficient alternative for post-grant patent review than litigation in front of the federal district courts. In the years that followed, the Patent Trail and ...


A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak May 2019

A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak

University of Miami Law Review

In April 2010, Deepwater Horizon, a BP-operated drilling rig, exploded killing eleven workers and poisoning the waters of the Gulf of Mexico with 210 million gallons of oil. Some 90,000 cleanup workers become involved in the response; many became sick after exposure to crude oil and Corexit, a chemical used to disperse the oil. A class action against BP ensued. A settlement was reached in 2013 and provided for a two-phased compensation mechanism, which class action experts praised for effectiveness and fairness.

Soon, however, it became clear that the settlement was neither effective nor fair. Many cleanup workers were ...


Requiring Broker-Dealers To Disclose Conflicts Of Interest: A Solution Protecting And Empowering Investors, Daniel P. Guernsey Jr. May 2019

Requiring Broker-Dealers To Disclose Conflicts Of Interest: A Solution Protecting And Empowering Investors, Daniel P. Guernsey Jr.

University of Miami Law Review

Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) instructed the Securities and Exchange Commission (“SEC”) to analyze the gaps in the regulatory regimes of investment advisers and broker-dealers. After analyzing the differences between the two regimes, the SEC proposed a rule that essentially created a fiduciary duty for broker-dealers equivalent to that of investment advisers. In theory, a uniform fiduciary duty would increase investor protection; however, such a drastic overhaul of broker-dealer regulation has attendant consequences. Indeed, as seen from the federal government’s previous attempts to create a broker-dealer fiduciary duty, increasing broker-dealer regulatory requirements limits ...


Prefatory Matter And Table Of Contents May 2019

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.


Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker May 2019

Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker

University of Miami Law Review

The United States regularly removes unaccompanied immigrant children and returns them to their countries of origin, with numbers rising rapidly in recent years. The United States has moral and legal obligations to this group of children. Rooted in deep moral underpinnings, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requires the government to establish policies and procedures to effectuate the safe repatriation of unaccompanied children. However, now more than a decade later, the U.S. government has failed to delineate its practices promoting safe return and, in addition to a general lack of transparency, the scant information available ...


The New Activist Non-Profits: Four Models Breaking From The Non-Profit Industrial Complex, Michael Haber May 2019

The New Activist Non-Profits: Four Models Breaking From The Non-Profit Industrial Complex, Michael Haber

University of Miami Law Review

Twenty-first century activists—inspired by recent social movements and criticisms of the “non-profit industrial complex”—have increasingly sought to avoid pursuing their activism through the hierarchical, professionally managed non-profit corporations that have been the norm for social justice organizations since the 1970s. While many of these activist groups have chosen to remain unincorporated, some activists have been experimenting with new, innovative structures for non-profit organizations, structures that aim to better align activists’ organizations with their values. This Article presents four models of activist non-profits: (1) sociocratic non-profits, (2) worker self-directed non-profits, (3) hub-and-spoke counter-institutions, and (4) swarm organizations. It describes ...


Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle May 2019

Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle

University of Miami Law Review

Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between “us” versus “them” on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership ...


Educational Environments And The Federal Right To Education In The Wake Of Parkland, Maybell Romero May 2019

Educational Environments And The Federal Right To Education In The Wake Of Parkland, Maybell Romero

University of Miami Law Review

A vociferous debate rages over the measures that should be taken to prevent high-profile incidents of mass school shootings like that at Marjory Stoneman Douglas High School in Florida on February 14, 2018, or, more recently, that at Santa Fe High School in Texas on May 18, 2018. Heightened security and surveillance measures, such as metal detectors and closed-circuit television (“CCTV”) monitoring, have been proposed in a variety of school districts. These measures, however, have been shown to have only a deleterious effect on learning outcomes and the relationships between students and school faculty, and they may even be hazardous ...


Prefatory Matter And Table Of Contents Apr 2019

Prefatory Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.


A Means Test At Odds With Itself: The Secured Debt Expense In Chapter 7 Consumer Bankruptcy Cases After The Supreme Court’S Decision In Lanning And Ransom, Roma Perez Apr 2019

A Means Test At Odds With Itself: The Secured Debt Expense In Chapter 7 Consumer Bankruptcy Cases After The Supreme Court’S Decision In Lanning And Ransom, Roma Perez

University of Miami Business Law Review

No abstract provided.


Let’S Shake On It: Perceived Pre-Contractual Risk In Cross-Border Investment, Kevin J. Fandl Jd, Phd Apr 2019

Let’S Shake On It: Perceived Pre-Contractual Risk In Cross-Border Investment, Kevin J. Fandl Jd, Phd

University of Miami Business Law Review

This article asks whether a legal system that provides protection for commitments made prior to contract formation is more or less conducive to risk-taking by foreign investors than a legal system that does not. I surmise that increased levels of protection for precontractual commitments establish an environment more hospitable to new business development, giving potential entrepreneurs added security in their ventures. And I further surmise that different legal traditions provide different levels of protection for these pre-contractual commitments.

To better understand the risks faced by cross-border business investors, this article describes the key distinctions between legal systems that create potential ...


Regulating Sugar-Sweetened Beverages, Tyler Rauh Apr 2019

Regulating Sugar-Sweetened Beverages, Tyler Rauh

University of Miami Business Law Review

American waistlines are an international punchline, and United States taxpayers spend hundreds of billions of dollars each year to combat medical complications resulting from obesity. The personal costs are financial, emotional, and mortal. Projections insist that it will become worse. Section I details the obesity epidemic and ponders why the United States is uniquely unhealthy.

The reason could be that America consumes more sugar than any other country. In recent years, some municipal policymakers have attempted to restrain America’s sweet tooth by taxing sugar-sweetened beverages. Initial responses are polarizing. Chicago’s tax did not last three months before its ...


Alexa, Amazon Assistant Or Government Informant?, Julia R. Shackleton Esq. Apr 2019

Alexa, Amazon Assistant Or Government Informant?, Julia R. Shackleton Esq.

University of Miami Business Law Review

Alexa, are you listening to me? Technology has become an integral part of one’s everyday life with voice-controlled devices pervading our most intimate interactions and spaces within the home. The answers to our questions are now at our fingertips with the simple roll of the tongue “Alexa,” your very own personal intelligence assistant. This futuristic household tool can perform tasks that range from answering simple voice commands to ordering any online shopping. However, the advent of voice technology presents a myriad of problems. Concerns arise as these new devices live in the privacy of our homes while quietly listening ...


Section 1332 State Innovation Waivers: Waiving Goodbye To Cooperative Federalism And Hello To Collaborative Federalism, Brittany Hynes Apr 2019

Section 1332 State Innovation Waivers: Waiving Goodbye To Cooperative Federalism And Hello To Collaborative Federalism, Brittany Hynes

University of Miami Business Law Review

No abstract provided.


United States Policy And The Taxation Of International Intangible Income, Stanley I. Langbein Apr 2019

United States Policy And The Taxation Of International Intangible Income, Stanley I. Langbein

University of Miami Inter-American Law Review

No abstract provided.


Simple Legal Writing Can Improve Business Outcomes In Latin America, Leon C. Skornicki Apr 2019

Simple Legal Writing Can Improve Business Outcomes In Latin America, Leon C. Skornicki

University of Miami Inter-American Law Review

No abstract provided.


The Dark Side Of The Pharmaceutical Industry: A Compound Of Issues, Geoffrey A. Marcus Apr 2019

The Dark Side Of The Pharmaceutical Industry: A Compound Of Issues, Geoffrey A. Marcus

University of Miami Inter-American Law Review

No abstract provided.


Banking On Blockchains: A Transformative Technology Reshaping Latin American And Caribbean Economies, Robert W. Rust Ii Apr 2019

Banking On Blockchains: A Transformative Technology Reshaping Latin American And Caribbean Economies, Robert W. Rust Ii

University of Miami Inter-American Law Review

No abstract provided.