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University of Miami Law School

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Full-Text Articles in Law

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich Jan 2020

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Articles

No abstract provided.


The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen Jan 2019

The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen

Articles

No abstract provided.


The Uncertain Path Of Class Action Law, Sergio J. Campos Jan 2019

The Uncertain Path Of Class Action Law, Sergio J. Campos

Articles

For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doing so, the Court has revised the law to better accord with a view of the class action as an exception to an idealized picture of litigation. This "exceptional" view of the class action has had a profound impact not only on class action law, but on procedural and substantive law in general. However, in the October 2015 term the Court decided three class action cases that support an alternative, 'functional" view of the class action, one that does not view ...


Ripensare La Razionalità: La Crescita Di Significato E I Limiti Del Formalismo, Susan Haack Jan 2019

Ripensare La Razionalità: La Crescita Di Significato E I Limiti Del Formalismo, Susan Haack

Articles

Man mano che la nostra conoscenza e la nostra esperienza crescono, i concetti assumono un significato nuovo e più ricco. La filosofia del linguaggio recente (post-Fregeana) hanno prestato poca attenzione a questo fenomeno; e filosofi radicali come Feyerabend e Rorty diedero per scontato che il cambiamento di significato fosse una minaccia alla razionalità. Ma i pensatori nella tradizione pragmatica classica – Peirce nella filosofia della scienza e, più implicitamente, Holmes nella teoria giuridica – riconobbero l’importanza della crescita di significato e capirono come questa potesse contribuire al progresso della scienza e all’adattamento di un sistema giuridico al cambiare delle circostanze ...


"Scientific Inference" Vs. "Legal Reasoning"? Not So Fast! ¿"Inferencia Cientifíca" Vs."Razonamiento Jurídico"? -- No Tan Rápido!, Susan Haack Jan 2019

"Scientific Inference" Vs. "Legal Reasoning"? Not So Fast! ¿"Inferencia Cientifíca" Vs."Razonamiento Jurídico"? -- No Tan Rápido!, Susan Haack

Articles

No abstract provided.


Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William Wilson Bratton Jan 2019

Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William Wilson Bratton

Articles

No abstract provided.


The Modern Corporation And Private Property Revisited: Gardiner Means And The Administered Price, William Wilson Bratton Jan 2019

The Modern Corporation And Private Property Revisited: Gardiner Means And The Administered Price, William Wilson Bratton

Articles

No abstract provided.


When Ais Outperform Doctors: Confronting The Challenges Of A Tort-Induced Over-Reliance On Machine Learning, A. Michael Froomkin, Ian Kerr, Joelle Pineau Jan 2019

When Ais Outperform Doctors: Confronting The Challenges Of A Tort-Induced Over-Reliance On Machine Learning, A. Michael Froomkin, Ian Kerr, Joelle Pineau

Articles

Someday, perhaps soon, diagnostics generated by machine learning (ML) will have demonstrably better success rates than those generated by human doctors. What will the dominance of ML diagnostics mean for medical malpractice law, for the future of medical service provision, for the demand for certain kinds of doctors, and in the long run for the quality of medical diagnostics itself?

This Article argues that once ML diagnosticians, such as those based on neural networks, are shown to be superior, existing medical malpractice law will require superior ML-generated medical diagnostics as the standard of care in clinical settings. Further, unless implemented ...


Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri Jan 2019

Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri

Articles

In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call. Together they have embraced the inner city as a context for experiential learning, qualitative research, and legal-political advocacy regarding concentrated poverty, neighborhood disadvantage, residential segregation, and mass incarceration. Indeed, for academics, advocates, and activists alike, the inner city stands out as a focal point of ...


Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld Jan 2019

Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld

Articles

No abstract provided.


Procompetitive Justifications In Antitrust Law, John M. Newman Jan 2019

Procompetitive Justifications In Antitrust Law, John M. Newman

Articles

The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.

But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an "open question," even an "absolute mystery." Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.

This Article provides answers ...


Private Standards And The Benzene Case: A Teaching Guide, Cary Coglianese, Gabriel Scheffler Jan 2019

Private Standards And The Benzene Case: A Teaching Guide, Cary Coglianese, Gabriel Scheffler

Articles

No abstract provided.


Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler Jan 2019

Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler

Articles

No abstract provided.


Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler Jan 2019

Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler

Articles

No abstract provided.


Beyond Bitcoin: Leveraging Blockchain To Benefit Business And Society, Rachel Epstein, Marcia Narine Weldon Jan 2019

Beyond Bitcoin: Leveraging Blockchain To Benefit Business And Society, Rachel Epstein, Marcia Narine Weldon

Articles

No abstract provided.


The Poverty Of Clinical Canonic Texts, Anthony V. Alfieri Jan 2019

The Poverty Of Clinical Canonic Texts, Anthony V. Alfieri

Articles

No abstract provided.


Opportunistic Originalism And The Establishment Clause, Caroline Mala Corbin Jan 2019

Opportunistic Originalism And The Establishment Clause, Caroline Mala Corbin

Articles

This Article argues that the Supreme Court's use of originalism is opportunistic because sometimes the Court relies on it, and sometimes it does not. This inconsistency is evident in two recent decisions with significant Establishment Clause consequences: Town of Greece v. Galloway (2014) and Trinity Lutheran Church v. Comer (2017). In Town of Greece, the Supreme Court applied an originalist analysis to uphold the government's policy of sponsoring predominantly Christian prayers before town meetings. In Trinity Lutheran Church, the Supreme Court failed to conduct an originalist analysis of direct government funding to churches before ordering a state to ...


Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman Jan 2019

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

Articles

No abstract provided.


Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley Jan 2019

Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley

Articles

This Article examines the current controversy regarding Confederate monuments. While many have focused on the removal of these commemorative objects, the legal framework regarding their protection has not been fully explored. This Article provides an in-depth understanding of the application of historic preservation laws to monument removal efforts and examines the impact of these federal, state, and local laws. The examination raises significant questions about the permanency of preservation laws generally. This Article considers how historic significance is evaluated and valued, noting the lack of flexibility and absence of mechanisms for reevaluating past protection decisions. This Article uses the Confederate ...


The New Agriculture: From Food Farms To Solar Farms, Jessica Owley, Amy Wilson Morris Jan 2019

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 ...


Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps Jan 2019

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Articles

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to "public" monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an ...


Equal Protection And The Male Gaze: An Approach To New Hampshire V. Lilley, Nicholas Mignanelli Jan 2019

Equal Protection And The Male Gaze: An Approach To New Hampshire V. Lilley, Nicholas Mignanelli

Articles

This Article uses New Hampshire v. Lilley, a case recently decided by the New Hampshire Supreme Court, as a starting point for an equal protection analysis of indecent exposure laws that distinguish between women and men. After discussing contemporary equal protection jurisprudence and historicizing these laws, this Article uses the film theorist Laura Mulvey's concept of the "male gaze" to demonstrate how overbroad generalizations about sex and sexuality serve as the foundation for this legal distinction. This Article concludes by emphasizing that municipalities and states may continue to enact and enforce indecent exposure laws that reflect community standards, so ...


Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin Jan 2019

Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin

Articles

No abstract provided.


How Neuroscience Technology Is Changing Our Understanding Of Brain Injury, Vegetative States And The Law, Glenn R. Butterton Jan 2019

How Neuroscience Technology Is Changing Our Understanding Of Brain Injury, Vegetative States And The Law, Glenn R. Butterton

Articles

The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills. He recommends that statutes, and other guidance used by patients, caregivers, medical institutions, family members and others to draft and interpret such Directives and Wills, be revised or amended to take account of these results.


Separation Of Trade Law Powers, Kathleen Claussen Jan 2018

Separation Of Trade Law Powers, Kathleen Claussen

Articles

No abstract provided.


The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack Jan 2018

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

Articles

No abstract provided.


Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges Jan 2018

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Articles

No abstract provided.


Regulating By Example, Susan C. Morse, Leigh Osofsky Jan 2018

Regulating By Example, Susan C. Morse, Leigh Osofsky

Articles

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 ...


Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring Jan 2018

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

Articles

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 ...


The Central Claiming Renaissance, Andres Sawicki Jan 2018

The Central Claiming Renaissance, Andres Sawicki

Articles

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 ...