Law Commons^™

Cosmetic Crisis: The Obsolete Regulatory Framework Of The Ever-Evolving Cosmetic Industry, Isabelle M. Carbajales

University of Miami Law Review

Cosmetics only first became regulated after a series of tragic events where users were seriously harmed from the use of cosmetic products. These tragic events prompted legislators to enact the Food, Drug, and Cosmetics Act of 1938. Before then, law makers feared that regulating the cosmetic industry would lower the tone of legislation because they considered the cosmetic industry to be inconsequential. At present, the regulatory system in place to protect vulnerable cosmetic consumers is nearly identical to when it was enacted over eighty-six years ago—even though the cosmetic market looks nothing like it did back then. The consumer base …

The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell

University of Miami Law Review

The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.

This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …

Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach

University of Miami Law Review

Judges take part in a variety of non-adjudicative tasks that shape the structure of litigation. In addition to their managerial functions, judges sit as administrative heads of court. They participate in civil justice reform projects and develop procedures for criminal and civil trials. What norms and principles ought to guide judges in this other work? In their casework we expect judges to be neutral and fair, setting aside politics and rationally following the law. Indeed, this article will demonstrate that there is good reason to insist on these qualities in both judges’ case-related and broader court-related reform activities. To test …

The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir

University of Miami Law Review

Artificial intelligence (“AI”) is undeniably transforming the workplace, though many implications remain unknown. Employers increasingly rely on algorithms to determine who gets interviewed, hired, promoted, developed, disciplined, or fired. If appropriately designed and applied, AI promises to help workers find their most rewarding jobs, match companies with their most valuable and productive employees, and advance diversity, inclusion, and accessibility in the work- place. Notwithstanding its positive impacts, however, AI poses new perils for employment discrimination, especially when designed or used improperly.

This Article examines the interaction between AI and federal employment antidiscrimination law. This Article explores the legal landscape including …

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 abolishment. Philadelphia’s …

The Privacy Hierarchy: A Comparative Analysis Of The Intimate Privacy Protection Act Vs. The Geolocational Privacy And Surveillance Act, Katherine A. Mitchell

University of Miami Law Review

The advent of the technological boom brought the world smartphones, social media, and Siri. These novel benefits, however, were accompanied by unchartered invasions of privacy. Congress has embarked on the seemingly endless path of protecting its constituents through civil and criminal legislation aimed at combatting such invasions. Two recent examples include the Intimate Privacy Protection Act (“IPPA”) and the Geolocational Privacy and Surveillance Act (“GPS Act”). Nonetheless, the IPPA, which was proposed to criminalize the dissemination of nonconsensual pornography, has garnered much less support—and much more criticism—than its geolocational counterpart.

This Note discusses the striking similarities of both bills, both …

The New Agriculture: From Food Farms To Solar Farms, Jessica Owley, Amy Wilson Morris

Articles

Across the United States, government agencies and energy developers are looking to agricultural land for development of renewable energy. One attraction of agricultural lands is that they are already relatively ecologically impaired compared with the previous solar development sites in the California and Arizona desert that have been a major source of concern for many environmental groups-and subject to expensive mitigation requirements under the Endangered Species Act. Renewable energy development pressures are accelerating the existing loss of agricultural land, heightening concerns about food security and the economic viability of agricultural communities. California farmland is at the center of this conflict. …

A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez

University of Miami International and Comparative Law Review

No abstract provided.

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.

Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine

Articles

No abstract provided.

Same-Sex Divorce In The United States: Protecting The Interests Of The Children, Joan Catherine Bohl

University of Miami Race & Social Justice Law Review

In light of recent political, legal, and legislative developments, the status of same-sex couples across the United States has become increasingly complex. This article focuses on the issue of same-sex divorce in a mobile society. When a same-sex couple moves from a state recognizing same-sex marriage—or from Canada—to a state that does not expressly recognize same-sex marriage, dissolution of that marriage can become a byzantine problem much more complex than a state’s “official” position on same-sex marriage. Relevant factors can range from the state’s legislative and executive pronouncements affecting homosexual citizens in areas such as pension benefits and health plans …

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

University of Miami Law Review

No abstract provided.

Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes

Articles

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

University of Miami Law Review

No abstract provided.

Tribal Sovereignty Over Water Quality, Jessica Owley

Articles

No abstract provided.

Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse

University of Miami International and Comparative Law Review

No abstract provided.

The American Dream In Legislation: The Role Of Popular Symbols In Wealth Tax Policy, William S. Blatt

Articles

No abstract provided.

Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer

Articles

No abstract provided.

Computer Viruses: Legal Aspects, Robert J. Malone, Dr. Reuven R. Levary

University of Miami Business Law Review

No abstract provided.