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2012

University of Miami Law School

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Articles 1 - 30 of 127

Full-Text Articles in Law

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher Nov 2012

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher

Short Works

Master Limited Partnerships (MLPs) and Real Estate Investment Trusts (REITs)—both well-established investment structures—should be opened up to renewable energy investment. MLPs and, more recently, REITs have a proven track record for promoting oil, gas, and other traditional energy sources. When extended to renewable energy projects these tools will help promote growth, move renewables closer to subsidy independence, and vastly broaden the base of investors in America’s energy economy. The extension of MLPs and REITs to renewables enjoys significant support from the investment and clean energy communities. In addition, MLPs for renewables also enjoy bipartisan political backing in Congress.


No One Saw It Coming - Again Systemic Risk And State Foreclosure Proceedings: Why A National Uniform Foreclosure Law Is Necessary, Helen Mason Oct 2012

No One Saw It Coming - Again Systemic Risk And State Foreclosure Proceedings: Why A National Uniform Foreclosure Law Is Necessary, Helen Mason

University of Miami Law Review

No abstract provided.


Reframing Patent Remedies , Karen E. Sandrik Oct 2012

Reframing Patent Remedies , Karen E. Sandrik

University of Miami Law Review

No abstract provided.


High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick Oct 2012

High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick

University of Miami Law Review

No abstract provided.


New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar Oct 2012

New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar

University of Miami International and Comparative Law Review

No abstract provided.


Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis Oct 2012

Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis

University of Miami International and Comparative Law Review

According to the traditional theory of judicial decision-making, legal rules constrain judicial creativity because they entail an objectively correct legal answer. Therefore, even if judges want to engage in judicial legislation they are nonetheless constrained by legal rules. This article argues that this understanding is flawed. First, the selection effect ensures that most cases that reach international courts revolve around uncertain legal rules. Second, various cannons of construction will usually allow judges to ascertain several equally plausible legal rules; judges are likely to select those rules which favor their preferred outcome of the case; and their preferred outcome will be …


Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker Oct 2012

Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker

University of Miami International and Comparative Law Review

No abstract provided.


Feasibility Analysis Of Online Dispute Resolution In Developing Countries, Maria Mercedes Albornoz, Nuria González Martín Oct 2012

Feasibility Analysis Of Online Dispute Resolution In Developing Countries, Maria Mercedes Albornoz, Nuria González Martín

University of Miami Inter-American Law Review

No abstract provided.


Haiti: A Failed State? Democratic Process And Oas Intervention, Annabelle L. Torgman Oct 2012

Haiti: A Failed State? Democratic Process And Oas Intervention, Annabelle L. Torgman

University of Miami Inter-American Law Review

No abstract provided.


Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier Oct 2012

Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier

University of Miami Inter-American Law Review

No abstract provided.


The Right To Be Taken Seriously , Jonathan Weinberg Oct 2012

The Right To Be Taken Seriously , Jonathan Weinberg

University of Miami Law Review

No abstract provided.


Freedom Of Contact Without Fear Of Criminal Misconduct: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act , Erika Concetta Pagano Oct 2012

Freedom Of Contact Without Fear Of Criminal Misconduct: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act , Erika Concetta Pagano

University of Miami Law Review

No abstract provided.


Wedlocked, Mary Patricia Byrn, Morgan L. Holcomb Oct 2012

Wedlocked, Mary Patricia Byrn, Morgan L. Holcomb

University of Miami Law Review

No abstract provided.


Chronolawgy: A Study Of Law And Temporal Perception, Brian M. Stewart Oct 2012

Chronolawgy: A Study Of Law And Temporal Perception, Brian M. Stewart

University of Miami Law Review

No abstract provided.


Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn Oct 2012

Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn

University of Miami Law Review

No abstract provided.


Us V. Aguilar And The Foreign Corrupt Practices Act: Sending An S.O.S. To Congress, Jared Chaykin Oct 2012

Us V. Aguilar And The Foreign Corrupt Practices Act: Sending An S.O.S. To Congress, Jared Chaykin

University of Miami Inter-American Law Review

No abstract provided.


Democracy And Sustainability In Reconstructing Haiti: A Possibility Or A Mirage?, Irwin P. Stotzky, Brian Concannon Jr. Oct 2012

Democracy And Sustainability In Reconstructing Haiti: A Possibility Or A Mirage?, Irwin P. Stotzky, Brian Concannon Jr.

University of Miami Inter-American Law Review

No abstract provided.


Standard Search Logic Under Article 9 And The Florida Debacle, Kenneth C. Kettering Jul 2012

Standard Search Logic Under Article 9 And The Florida Debacle, Kenneth C. Kettering

University of Miami Law Review

No abstract provided.


The Constitutionality Of The Individual Mandate, Richard Rosengarten Jul 2012

The Constitutionality Of The Individual Mandate, Richard Rosengarten

University of Miami Law Review

No abstract provided.


Paving The Streets In Gold: A Comparative Analysis Of The 2012 Florida Gaming Bill , Todd Friedman Jul 2012

Paving The Streets In Gold: A Comparative Analysis Of The 2012 Florida Gaming Bill , Todd Friedman

University of Miami Law Review

No abstract provided.


Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer Jul 2012

Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer

University of Miami National Security & Armed Conflict Law Review

In Fall 2011, U.S. and EU negotiators agreed on new parameters for the collection, processing, use, storage and crossborder transfer of Passenger Name Record (PNR) data. 2011 also marks the tenth anniversary of the September 11, 2001 terrorist attacks on the World Trade Center in New York City and the Pentagon in Washington D.C., which provides the historic reason for the cooperation in this area. These two events thus provide a timely basis and background against which to review the ten year history of the cooperation between the U.S. and the EU in PNR information management.

This article maps the …


Masthead Jul 2012

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Front Matter And Table Of Contents Jul 2012

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum Jul 2012

How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum

University of Miami National Security & Armed Conflict Law Review

This paper calls on the United States to assess where its true interests lie in evaluating genocide and mass killings. Through an examination of the social and political factors which were paramount in bringing about the atrocities in Cambodia in the late 1970s and Rwanda in the mid-1990s, the U.S. is urged to take heed of the tried-and-true methods used by ruthless regimes throughout history in bringing about the destruction of their own citizenry. Consideration of the psychological imperatives necessary for ordinary men or women to depart from the standard boundaries of civilized society and butcher their neighbors and countrymen …


Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser Jul 2012

Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser

University of Miami National Security & Armed Conflict Law Review

In response to gritty accounts of firefights involving private forces like Blackwater in Iraq and Afghanistan, many legal scholars have addressed the rising use of private forces——or mercenaries——in the 21st century under international law. Remarkably, only a few have attempted to understand why these forces are so objectionable. This is not a new problem. Historically, attempts to control private forces by bringing them under international law have been utterly ineffective, such as Article 47 of Additional Protocol II to the Geneva Conventions. In Silent Partners, I propose utilizing the norm against mercenary use as a theoretical framework to understand at …


Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins Jul 2012

Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


The Shocking Impact Of Corporate Scandal On Directors' And Officers' Liability, Nancy R. Mansfield, Joan T.A. Gabel, Kathleen A. Mccullough, Stephen G. Fier Jul 2012

The Shocking Impact Of Corporate Scandal On Directors' And Officers' Liability, Nancy R. Mansfield, Joan T.A. Gabel, Kathleen A. Mccullough, Stephen G. Fier

University of Miami Business Law Review

Directors and officers liability (hereinafter D&O) serves as a deterrent to corporate wrongdoing. Recent cycles of corporate scandal have impacted the tools used to manage the risk that D&O liability creates. The impact of these scandals is a "shock," which is a sudden event that alters the market profoundly. Market alteration has counter intuitively resulted in increased availability of D&O insurance at a lower price, despite an increase in D&O liability. With increased D&O coverage offerings at lower costs, the market has become soft, making coverage readily available. Carriers are competing for insureds and there is now a risk of …


Masthead Jul 2012

Masthead

University of Miami Race & Social Justice Law Review

No abstract provided.


A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra Jul 2012

A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra

University of Miami Inter-American Law Review

No abstract provided.


The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell Jul 2012

The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell

University of Miami Inter-American Law Review

No abstract provided.