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Articles 1 - 30 of 34

Full-Text Articles in Law

The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak Jun 2018

The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak

University of Miami International and Comparative Law Review

No abstract provided.


Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro May 2018

Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro

University of Miami Inter-American Law Review

No abstract provided.


The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger Jan 2018

The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger

University of Miami Inter-American Law Review

No abstract provided.


Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg Jan 2018

Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg

University of Miami Inter-American Law Review

No abstract provided.


The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch May 2017

The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch

University of Miami Inter-American Law Review

In this article, I discuss a flaw in Brazilian civil procedure observed in my practice as a Federal Labor Judge in Brazil, an issue that may be addressed by limiting appellate review in a similar fashion as the American courts do, using standards of appellate review. In Brazil, appellate courts tend to ignore the lower court’s decisions, replacing them for the ruling they would have made had they been the original decision makers. A simple disagreement with the lower court’s findings of fact or discretionary rulings, no matter how reasonable, is sufficient grounds for reversal. The lack of ...


Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda Feb 2017

Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda

University of Miami Inter-American Law Review

Today in Brazil, it takes over eleven years to receive legal rights to an invention by means of a patent. This state of affairs provides inadequate intellectual property protection for inventors and businesses, hampering Brazil’s desire to accelerate innovation, entrepreneurship, and economic growth through a national patent system. But a new Joint Agreement between the Government of the United States and the Government of the Federative Republic of Brazil could mean rescue is on the way. Both governments agreed to engage in patent work sharing programs between the two patent offices, in hopes of increased efficiency. Yet, some scholars ...


Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr. Aug 2016

Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.

University of Miami Inter-American Law Review

This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part ...


The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja Feb 2016

The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja

University of Miami Inter-American Law Review

This article selects four landmark events: the enactment of Law No. 9.307 on Sept. 23, 1996 (the “1996 Arbitration Law”); (ii) the recognition of the constitutionality of such law by the Supreme Court in 2001; (iii) the ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2002; and (iv) the enactment of Law No. 13.129 on May 26, 2015 (the “Amendment”). The first three events are analyzed jointly with the fourth event, in order to identify novel important legal issues involving arbitration in Brazil: (a) subject arbitrability concerning state and state ...


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.


Recent Important Decisions By Thebrazilian Supreme Court, Keith S. Rosenn May 2014

Recent Important Decisions By Thebrazilian Supreme Court, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.


Mechanisms Of Control On The Circulation Of Foreign Capital, Products And People In Brazil, Quinn Smith, Olavo Franco Bernardes Apr 2013

Mechanisms Of Control On The Circulation Of Foreign Capital, Products And People In Brazil, Quinn Smith, Olavo Franco Bernardes

University of Miami Inter-American Law Review

No abstract provided.


Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley Jan 2013

Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley

Articles

No abstract provided.


Access To Justice And The Permissive State: The Brazilian Experience , Carmen Hein De Campos Apr 2011

Access To Justice And The Permissive State: The Brazilian Experience , Carmen Hein De Campos

University of Miami Law Review

No abstract provided.


Negative Impacts Of Abortion Criminalization In Brazil: Systematic Denial Of Women's Reproductive Autonomy And Human Rights, Beatriz Galli Apr 2011

Negative Impacts Of Abortion Criminalization In Brazil: Systematic Denial Of Women's Reproductive Autonomy And Human Rights, Beatriz Galli

University of Miami Law Review

No abstract provided.


Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn Jan 2011

Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn

Articles

Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic ...


Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão Oct 2010

Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão

University of Miami International and Comparative Law Review

Due to an emerging Brazilian doctrine of environmental liability, lenders now face the prospect of lawsuits that seek remediation of, or compensation for, environmental damages resulting from their borrowers' activities. Unprecedented judicial decisions (based on a strict, joint and several environmental liability for lenders) broad standing, and ongoing initiatives of the government portray financial institutions as the best target to pursue environmental protection in the country. That scenario, however, may represent a detour from the imperative improving the functionality of the public administration. This article examines how legal actors are shaping Brazil's environmental law enforcement and the extent to ...


Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino Apr 2010

Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino

University of Miami International and Comparative Law Review

No abstract provided.


Informal Land Subdivision And Real Estate Regularization: A Comparative Study Between Colombia And Brazil, Alexandre Dos Santos Cunha Jan 2009

Informal Land Subdivision And Real Estate Regularization: A Comparative Study Between Colombia And Brazil, Alexandre Dos Santos Cunha

University of Miami Inter-American Law Review

No abstract provided.


Separation Of Powers In Brazil, Keith S. Rosenn Jan 2009

Separation Of Powers In Brazil, Keith S. Rosenn

Articles

No abstract provided.


Federalism In Brazil, Keith S. Rosenn Jan 2005

Federalism In Brazil, Keith S. Rosenn

Articles

No abstract provided.


Intellectual Property Rights And The Digital Era: Argentina And Brazil, Marcos J. Basso, Adriana C.K. Vianna Apr 2003

Intellectual Property Rights And The Digital Era: Argentina And Brazil, Marcos J. Basso, Adriana C.K. Vianna

University of Miami Inter-American Law Review

No abstract provided.


Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados Jul 2001

Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados

University of Miami Inter-American Law Review

No abstract provided.


Dispute Resolution In Mercosul: The Protocol Of Las Leñas And The Case Law Of The Brazilian Supreme Court, Nadia De Araujo Apr 2001

Dispute Resolution In Mercosul: The Protocol Of Las Leñas And The Case Law Of The Brazilian Supreme Court, Nadia De Araujo

University of Miami Inter-American Law Review

No abstract provided.


Some Controversial Aspects Of The New Brazilian Arbitration Law, Arnoldo Wald, Patrick Schellenberg, Keith S. Rosenn Jul 2000

Some Controversial Aspects Of The New Brazilian Arbitration Law, Arnoldo Wald, Patrick Schellenberg, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.


Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn Jan 2000

Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn

Articles

No abstract provided.


Should The State Have Rights To Your Organs? Dissecting Brazil's Mandatory Organ Donation Law, Everton Bailey Apr 1999

Should The State Have Rights To Your Organs? Dissecting Brazil's Mandatory Organ Donation Law, Everton Bailey

University of Miami Inter-American Law Review

No abstract provided.


Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn Jan 1999

Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn

Articles

No abstract provided.


Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn Jan 1990

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

Articles

No abstract provided.


Brazil's Informatics Bargaining Chip: Playing The Third World Card, Leigh E. Thomas Jan 1988

Brazil's Informatics Bargaining Chip: Playing The Third World Card, Leigh E. Thomas

University of Miami Inter-American Law Review

No abstract provided.


Debtor State Law And Default: Enforcement Of Foreign Loan Agreements In Brazilian Courts, Brian L. Zimbler Apr 1986

Debtor State Law And Default: Enforcement Of Foreign Loan Agreements In Brazilian Courts, Brian L. Zimbler

University of Miami Inter-American Law Review

No abstract provided.