Law Commons^™

Essential Questions: What To Ask About The Bar Exam, Patricia D. White

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Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe

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Honor Code 2018-2019, University Of Miami School Of Law

Student Handbook

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The Oecd/G20-Beps-Project And The Value Creation Paradigm: Economic Reality Disemboguing Into The Interpretation Of The "Arm's Length" Standard, Stanley I. Langbein, Max R. Fuss

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Modularity In Cross-Border Insolvency, Andrew B. Dawson

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The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

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Alabama Song? Lotte Lenya? No. Adolph Hitler!, Patrick O. Gudridge

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From The Editors, Anthony E. Varona, Camille A. Nelson

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The Central Claiming Renaissance, Andres Sawicki

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The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.

The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the near exclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the patent's scope. The Court's …

Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin

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A View Of Copyright From The Digital Ground, Andres Sawicki

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Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley

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The New Bond Workouts, William Wilson Bratton, Adam J. Levitin

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Bond workouts are a famously dysfunctional method of debt restructuring. The process is so ridden with opportunistic and coercive behavior by both bondholders and bond issuers as to make success intrinsically unlikely. Yet since 2008 bond workouts have quietly started to work. A segment of the restructuring market has shifted from bankruptcy court to out-of-court workouts by way of exchange offers made only to large institutional investors. The new workouts feature a battery of strong-arm tactics by bond issuers, and aggrieved bondholders have complained in court. There resulted a new, broad reading of the primary law governing workouts, section 3 …

Big Data: Destroyer Of Informed Consent, A. Michael Froomkin

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The 'Revised Common Rule' took effect on January 21, 2019, marking the first change since 2005 to the federal regulation that governs human subjects research conducted with federal support or in federally supported institutions. The Common Rule had required informed consent before researchers could collect and use identifiable personal health information. While informed consent is far from perfect, it is and was the gold standard for data collection and use policies; the standard in the old Common Rule served an important function as the exemplar for data collection in other contexts. Unfortunately, true informed consent seems incompatible with modern analytics …

Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal

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Student Handbook 2018-2019, University Of Miami School Of Law

Student Handbook

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Regulating By Example, Susan C. Morse, Leigh Osofsky

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Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.

In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with, …

The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli

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The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby

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Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen

Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?

But while these stories of everyday individuals …

Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri

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Collaborative Enforcement, Andrew Elmore

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Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.

This Article identifies collaboration between state and local agencies and private, public interest organizations ("PIOs") as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and by improving legal …

Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz, Justin Ortiz

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Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen

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In thinking about strategy and doctrine for cyberspace, one cannot ignore either the cyber domain's interaction with other domains or the applicability of existing legal tools to address cyberspace issues. This Comment focuses on the latter and argues that any discussion regarding deterrence and a playbook for consequences for cyber incidents by state actors ought necessarily to include a careful examination of existing plays, particularly where those incidents have an economic component as many do. Focusing on multilateral institutions, regional and bilateral trade and investment agreements, and unilateral tariff and non-tariff trade and investment tools, this Comment maintains that current …

Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring

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This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court and the highest state courts have allowed these laws to exist without requiring any …

Strategic Litigation To Advance Public Health, Tamar Ezer, Priti Patil

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The HIV movement has relied on strategic litigation as an important tool to develop and enforce legal protections critical to health. This experience contains lessons on the potential of strategic litigation to advance public health more generally. Beyond impacting laws and policies, strategic litigation can change practice, breathing life into existing legal rules never implemented. While cases may target a particular law, policy, or practice, indirect impacts beyond a particular court decision on future cases, other branches of government, and the public record may be just as important. Each case is only one step towards change, and a judgment can …

The Torture Of Children And Adolescents Living And Dying In Guatemala’S Institutions, Madeleine M. Plasencia

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In this article, Professor Madeleine Plasencia examines the legal context of treatment of disabled children in Guatemala living in institutionalized environments. The article explores evidence that children confined in orphanages and other public care facilities in Guatemala endure conditions that violate the provisions against torture and other cruel or degrading treatment or punishment provided under various international instruments, including the Convention on the Rights of the Child. The article discusses the growing world-wide desperation from poverty and food scarcity that drives families to place their children with and without disabilities in state-supported institutions. The article argues that foreign funding and …

Separation Of Trade Law Powers, Kathleen Claussen

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The New Separability, Lili Levi

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In Star Athletica v. Varsity Brands, the Supreme Court recently unveiled a new approach to separability. Because copyright law protects expression, not function, aesthetic features of useful articles are eligible for copyright protection only if they are separable from the functional work in which they are incorporated. But the Copyright Actdoes not define separability, and Star Athletica is the latest judicial effort to try to fill that void. Unfortunately, the new separability is open to a wide range of critiques. Relatively low-hanging fruit are the vagueness and indeterminacy of the new test, the Court's unsatisfactory attempts to avoid defining "function," …

Real "Fake News" And Fake "Fake News", Lili Levi

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Uncovering Through Discovery (Book Review), Sergio J. Campos

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