Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 44

Full-Text Articles in Law

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 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.


Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr. Jul 2018

Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr.

University of Miami Law Review

Once every twenty years, the Florida Constitution mandates the convening of a thirty-seven-member body that is charged with reviewing the state constitution and submitting any recommended changes to the general public for approval. This entity is formally known as the Constitution Revision Commission, and between March 2017 and May 2018, it met for the third time in Florida’s history. Eight amendments, some with multiple parts, were proposed, and if any of these proposals are approved by 60% of the voters in the November 2018 general election, they will become “the supreme law of the land” for the State of ...


The Value Of Cryptocurrencies: How Bitcoin Fares In The Pockets Of Federal And State Courts, Brandon M. Peck Dec 2017

The Value Of Cryptocurrencies: How Bitcoin Fares In The Pockets Of Federal And State Courts, Brandon M. Peck

University of Miami Business Law Review

A recent Eleventh Judicial Circuit Court of Florida decision has raised concerns over how both federal and state courts consider the unregulated cryptocurrency, Bitcoin. In State of Florida v. Michell Abner Espinoza, Judge Teresa Pooler held that Bitcoin did not fall under the statutory definitions of “payment instrument” or “monetary instrument” because virtual currency is not directly specified nor could it be included within one of the defined categories listed in Fla. Stat. § 560.103(29) or 896.101(2). Furthermore, Judge Pooler, alluding to the doctrine of lenity, refused to hold Espinoza responsible under a statute that is “so ...


Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano Aug 2016

Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano

University of Miami Race & Social Justice Law Review

Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency ...


Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer Aug 2016

Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer

University of Miami Law Review

In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendment because judges, rather than juries, found sentencing facts necessary to impose death. That Sixth Amendment ruling has implications for Florida’s Eighth Amendment jurisprudence.

Under the Eighth Amendment rule of Caldwell v. Mississippi, capital juries must appreciate their responsibility for death sentencing. Yet, Florida has instructed juries that their fact-findings merely support sentencing recommendations, while leaving the ultimate sentencing decision to a judge. Because Hurst clarifies that the Sixth Amendment requires juries to find the operative set of facts on which sentences are ...


Breaking Up Is Hard To Do: Developments In Partitioning Real And Personal Property In Marital, Business, And Personal Relationships In Florida Jurisprudence, Harry M. Hipler Jun 2016

Breaking Up Is Hard To Do: Developments In Partitioning Real And Personal Property In Marital, Business, And Personal Relationships In Florida Jurisprudence, Harry M. Hipler

University of Miami Business Law Review

This article focuses on partition of real and personal property in Florida in the 21st century. It discusses questions and issues about partitioning real and personal property, so that private lawyers who practice in a variety of areas can familiarize themselves with how partition proceedings work. Partition of real and personal property is not restricted to one area of the law. Instead, it relates to and bleeds over into a multitude of areas of the law making it necessary for all practitioners to be familiar with the area of partition. Partition is now provided in all 50 states, and Florida ...


Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington Jan 2016

Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington

Articles

No abstract provided.


Fair Districts Florida: A Meaningful Redistricting Reform?, Jordan Lewis May 2015

Fair Districts Florida: A Meaningful Redistricting Reform?, Jordan Lewis

University of Miami Race & Social Justice Law Review

No abstract provided.


"He's A Black Male … Something Is Wrong With Him!" The Role Of Race In The Stand Your Ground Debate, D. Marvin Jones Jul 2014

"He's A Black Male … Something Is Wrong With Him!" The Role Of Race In The Stand Your Ground Debate, D. Marvin Jones

University of Miami Law Review

No abstract provided.


"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.


Whatever Floats The "Reasonable Observer's" Boat: An Examination Of Lozman V.City Of Riviera Beach Fla. And The Supreme Court's Ruling That Floating Homes Are Not Vessels, Kathryn D. Yankowski Jul 2013

Whatever Floats The "Reasonable Observer's" Boat: An Examination Of Lozman V.City Of Riviera Beach Fla. And The Supreme Court's Ruling That Floating Homes Are Not Vessels, Kathryn D. Yankowski

University of Miami Law Review

No abstract provided.


Shoot To Kill: A Critical Look At Stand Your Ground Laws, Tamara Rice Lave Jul 2013

Shoot To Kill: A Critical Look At Stand Your Ground Laws, Tamara Rice Lave

University of Miami Law Review

No abstract provided.


Fleeing Time Below The Poverty Line-Is It A Crime? C.E.L. V. State And Its Impact On Indigent Defense And Police-Citizen Relations, Theresa Nolan Breslin Apr 2012

Fleeing Time Below The Poverty Line-Is It A Crime? C.E.L. V. State And Its Impact On Indigent Defense And Police-Citizen Relations, Theresa Nolan Breslin

University of Miami Law Review

No abstract provided.


Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably Jan 2012

Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably

Articles

Scholarly response to the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality's strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue.

Three basic symptoms of the pathology stand out. First, sleight of hand. The plurality opinion purports to be about an institutional issue-can a state court commit a ...


The Federal Character Of Florida's Deceptive And Unfair Trade Practices Act, D. Matthew Allen, David L. Luck, Leah A. Sevi Jul 2011

The Federal Character Of Florida's Deceptive And Unfair Trade Practices Act, D. Matthew Allen, David L. Luck, Leah A. Sevi

University of Miami Law Review

No abstract provided.


Florida Appellate Mediation: Promising New Rules And Ethical Challenges, Erin E. Bohannon Jul 2011

Florida Appellate Mediation: Promising New Rules And Ethical Challenges, Erin E. Bohannon

University of Miami Law Review

No abstract provided.


A Trickle Of Cash For The River Of Grass: Federal Funding Of Comprehensive Everglades Restoration, A Critique And A Proposal, Kelly F. Taylor Jul 2010

A Trickle Of Cash For The River Of Grass: Federal Funding Of Comprehensive Everglades Restoration, A Critique And A Proposal, Kelly F. Taylor

University of Miami Law Review

No abstract provided.


Reining In On Mortgage Brokers: The Need To Enforce Existing Regulations, Nancy Funkhouser Apr 2010

Reining In On Mortgage Brokers: The Need To Enforce Existing Regulations, Nancy Funkhouser

University of Miami Law Review

No abstract provided.


Reflections Of Another Bush V. Gore Lawyer, Raquel A. Rodriguez Jan 2010

Reflections Of Another Bush V. Gore Lawyer, Raquel A. Rodriguez

University of Miami Law Review

No abstract provided.


Florida's "Guns-At-Work" Law: Why It Has Employers Up In Arms And What The Florida Legislature Should Do About It, Esther Glazer-Esh Jan 2010

Florida's "Guns-At-Work" Law: Why It Has Employers Up In Arms And What The Florida Legislature Should Do About It, Esther Glazer-Esh

University of Miami Law Review

No abstract provided.


Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge Jan 2010

Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge

Articles

No abstract provided.


Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver Oct 2008

Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver

University of Miami Law Review

No abstract provided.


Loco Parents: A Case For The Overhaul Of Social-Host Liability In Florida, Smauel Randall Apr 2008

Loco Parents: A Case For The Overhaul Of Social-Host Liability In Florida, Smauel Randall

University of Miami Law Review

No abstract provided.


How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs Jan 2008

How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs

Articles

No abstract provided.


Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman Jan 2007

Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman

Articles

No abstract provided.


Unfinished Business: The Case For Continuing Special Voting Rights Act Coverage In Florida, Jonel Newman Oct 2006

Unfinished Business: The Case For Continuing Special Voting Rights Act Coverage In Florida, Jonel Newman

University of Miami Law Review

No abstract provided.


Voting Rights In Florida 1982 - 2006, Jonel Newman Jan 2006

Voting Rights In Florida 1982 - 2006, Jonel Newman

Short Works

No abstract provided.


Hope For Temporary Citizens Aboard Floating Cities: Carlisle V. Carnival Corporation, Kristopher E. Pearson Oct 2005

Hope For Temporary Citizens Aboard Floating Cities: Carlisle V. Carnival Corporation, Kristopher E. Pearson

University of Miami Law Review

No abstract provided.


Monetary And Regulatory Hobbling: The Acquisition Of Real Property By Public Institutions Of Higher Education In Florida, Carol L. Zeiner Jul 2004

Monetary And Regulatory Hobbling: The Acquisition Of Real Property By Public Institutions Of Higher Education In Florida, Carol L. Zeiner

University of Miami Business Law Review

No abstract provided.