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Articles 1 - 22 of 22

Full-Text Articles in Law

Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless Jan 2017

Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless

Articles

No abstract provided.


No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith Nov 2016

No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith

University of Miami Law Review

Pimps and johns who sexually exploit children garner instant public and scholarly outrage for their lust for a destructive “quick fix.” In actuality, many justifiably concerned scholars, policymakers, and members of the public continue to react over-simplistically and reflexively to the issue of child sex trafficking in the United States—also known as commercial sexual exploitation of children (CSEC)—in a manner intellectually akin to immediate gratification. Further, research reveals that the average john is an employed, married male of any given race or ethnicity, suggesting that over-simplification and knee-jerk thinking on CSEC are conspicuous. This Article raises provocative questions ...


Expanding Public Safety In The Era Of Black Lives Matter, Nicole D. Porter Feb 2016

Expanding Public Safety In The Era Of Black Lives Matter, Nicole D. Porter

University of Miami Law Review

Traditional public safety responses to crime involve interactions with the criminal justice system. However, recent killings by police of unarmed black men, women, and children have led to a national dialogue on the fundamental strategy of public safety. The narrative of “Black Lives Matter” offers a new framework for policymakers, activists, practitioners, and other stakeholders to think about a public safety strategy that is not solely defined by arrests and admissions to prison. This essay provides an overview of evidence-based approaches for public safety interventions that exist outside of law enforcement interactions.


Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed Oct 2015

Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed

University of Miami Law Review

Since early in the HIV epidemic, epidemiologists identified individuals who transact sex as a high-risk group for contracting HIV. Where the issue of transacting sex has been framed as sex work, harm-reduction advocates and scholars call for decriminalization as a primary legal solution to address HIV. Where the issue is defined as trafficking, advocates known as abolitionists argue instead for the criminalization of the purchase of sex.

Global health governance institutions are porous to these competing ideas and ideologies. This article first historicizes the contestation between harm-reduction and abolition in global governance on health. The paper then turns to a ...


Extraterritorial Criminal Enforcement Of Securities Fraud Regulations After United States V. Vilar, Edgardo Rotman Oct 2015

Extraterritorial Criminal Enforcement Of Securities Fraud Regulations After United States V. Vilar, Edgardo Rotman

University of Miami Law Review

In August 2013, the Court of Appeals for the Second Circuit in the case of United States v. Vilar denied extraterritorial application of the criminal law antifraud provisions contained in the Securities Exchange Act. The specific object of this paper is to criticize this decision and negate its premises.

After delving in depth into the notion of extraterritoriality, the paper offers a dynamic interpretation of the 1922 Supreme Court’s decision in United States v. Bowman, which is still the governing precedent on extraterritorial application of criminal laws. Furthermore, the paper criticizes the application of the 2010 Supreme Court’s ...


"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.


Business-Related Criminal Law In Europe: A Critical Inventory, Klaus Tiedemann, Edgardo Rotman (Translator) May 2013

Business-Related Criminal Law In Europe: A Critical Inventory, Klaus Tiedemann, Edgardo Rotman (Translator)

University of Miami International and Comparative Law Review

No abstract provided.


Juvenile Justice Appeals, Megan Annitto Apr 2012

Juvenile Justice Appeals, Megan Annitto

University of Miami Law Review

No abstract provided.


The New Federalism Meets The Eleventh Circuit's Old Criminal Law, Jonathan D. Colan Jul 2010

The New Federalism Meets The Eleventh Circuit's Old Criminal Law, Jonathan D. Colan

University of Miami Law Review

No abstract provided.


Congressional Power To Criminalize "Local" Conduct: No Limit In Sight, Sanford L. Bohrer, Matthew S. Bohrer Jul 2010

Congressional Power To Criminalize "Local" Conduct: No Limit In Sight, Sanford L. Bohrer, Matthew S. Bohrer

University of Miami Law Review

No abstract provided.


Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker Jul 2008

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

University of Miami Inter-American Law Review

No abstract provided.


Bringing Discipline To The Civilianization Of The Battlefield: A Proposal For A More Legitimate Approach To Resurrecting Military-Criminal Jurisdiction Over Civilian Augmentees, Geoffrey S. Corn Jan 2008

Bringing Discipline To The Civilianization Of The Battlefield: A Proposal For A More Legitimate Approach To Resurrecting Military-Criminal Jurisdiction Over Civilian Augmentees, Geoffrey S. Corn

University of Miami Law Review

No abstract provided.


Minding The Liability Gap: American Contractors, Iraq, And The Outsourcing Of Impunity, Christina M. Blyth Jan 2008

Minding The Liability Gap: American Contractors, Iraq, And The Outsourcing Of Impunity, Christina M. Blyth

University of Miami Law Review

No abstract provided.


Sports Officials Should Only Be Liable For Acts Of Gross Negligence: Is That The Right Call?, Kenneth W. Biedzynski Esq. Apr 1994

Sports Officials Should Only Be Liable For Acts Of Gross Negligence: Is That The Right Call?, Kenneth W. Biedzynski Esq.

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen Apr 1990

The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin Mar 1990

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin

University of Miami Law Review

No abstract provided.


The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby Jan 1989

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

Articles

No abstract provided.


State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn May 1987

State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn

University of Miami Law Review

No abstract provided.


Jurisprudential Confusion In Eighth Amendment Analysis, John C. Shawde Jan 1984

Jurisprudential Confusion In Eighth Amendment Analysis, John C. Shawde

University of Miami Law Review

No abstract provided.


Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond Nov 1982

Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond

University of Miami Law Review

Social, economic and legal factors have contributed to the success of ticket scalpers. Recently enacted unfair trade practices laws now provide courts with the means to regulate scalping and to provide effective redress for aggrieved consumers


Extraterritorial Jurisdiction Of Federal Criminal Law: The Assassination Of Congressman Ryan, David W. Mills Apr 1982

Extraterritorial Jurisdiction Of Federal Criminal Law: The Assassination Of Congressman Ryan, David W. Mills

University of Miami Inter-American Law Review

No abstract provided.


The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba Feb 1977

The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba

University of Miami Inter-American Law Review

No abstract provided.