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Articles 61 - 90 of 109

Full-Text Articles in Law

The Ftca V. The Tucker Act: When Is A Tort Claim In Substance A Breach Of Contract Claim For Jurisdictional Purposes?, Gregory Boulos Jul 2012

The Ftca V. The Tucker Act: When Is A Tort Claim In Substance A Breach Of Contract Claim For Jurisdictional Purposes?, Gregory Boulos

University of Miami Law Review

No abstract provided.


Keep Your Nose Out Of My Business-A Look At Dog Sniffs In Public Places Versus The Home, Michael Mayer Jul 2012

Keep Your Nose Out Of My Business-A Look At Dog Sniffs In Public Places Versus The Home, Michael Mayer

University of Miami Law Review

No abstract provided.


The Borders Of E.U. Tax Policy And U.S. Competitiveness, George Mundstock Apr 2012

The Borders Of E.U. Tax Policy And U.S. Competitiveness, George Mundstock

University of Miami Law Review

No abstract provided.


Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley Jul 2011

Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey Jul 2011

Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz Jul 2011

Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America, Joseph K. Grant Jul 2011

A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America, Joseph K. Grant

University of Miami Race & Social Justice Law Review

No abstract provided.


Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron Apr 2011

Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron

University of Miami International and Comparative Law Review

No abstract provided.


Out Of The Desert And To The Oasis: Legislation On Predatory Debt Investing, Ryan E. Avery Apr 2011

Out Of The Desert And To The Oasis: Legislation On Predatory Debt Investing, Ryan E. Avery

University of Miami International and Comparative Law Review

No abstract provided.


Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino Jan 2011

Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino

University of Miami Inter-American Law Review

No abstract provided.


Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson Jan 2011

Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson

University of Miami Inter-American Law Review

No abstract provided.


Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker Jan 2011

Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker

Articles

No abstract provided.


Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack Jan 2011

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

Articles

No abstract provided.


Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte Oct 2010

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.


A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison Oct 2009

A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison

University of Miami International and Comparative Law Review

No abstract provided.


Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz Apr 2009

Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz

University of Miami Law Review

No abstract provided.


The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan Apr 2009

The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan

University of Miami International and Comparative Law Review

The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …


Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig Apr 2009

Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig

University of Miami International and Comparative Law Review

The United States and Canada two of the world's foremost modern, liberalized societies regularly combat an awkward and painful tension between free speech rights and the wellbeing of minors. Though there generally exists a consensus that child pornography represents a certain dark realm of material outside the oft-amorphous protections afforded speech, the establishment of an acceptable working definition of this criminal fodder has proven contentiously difficult. This paper explores each nation's struggles with this tension, through the lens of legislative efforts, judicial responses, and the productions that seem to perennially blur the line between art and crime. It is ultimately …


The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar Apr 2009

The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar

University of Miami International and Comparative Law Review

National flood insurance programs implement flood prevention, create flood zone land-use policy, and establish protocols for relief With climate change and development raising the risk and exposure of human populations to flood, the United States 'National Flood Insurance Program (NFIP) has been heavily scrutinized, especially in the wake of Hurricane Katrina. This article examines the validity of the two main criticisms of NFIP, and seeks to inform a better understanding of NFIP's integrity through a comparative analysis between NFIP and several different flood insurance models in Europe. As a result, this analysis yields recommendations that can benefit NFIP, as well …


United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland Oct 2008

United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland

University of Miami Inter-American Law Review

No abstract provided.


The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio Oct 2008

The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio

University of Miami International and Comparative Law Review

The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will …


Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker Jul 2008

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

University of Miami Inter-American Law Review

No abstract provided.


Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga Oct 2007

Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga

University of Miami International and Comparative Law Review

No abstract provided.


Beneath The Veil Of Mormonism: Uncovering The Truth About Polygamy In The United States And Canada, Jason D. Berkowitz Apr 2007

Beneath The Veil Of Mormonism: Uncovering The Truth About Polygamy In The United States And Canada, Jason D. Berkowitz

University of Miami Inter-American Law Review

No abstract provided.


Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham Jan 2007

Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham

Articles

No abstract provided.


Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson Oct 2006

Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson

University of Miami International and Comparative Law Review

No abstract provided.


U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner Oct 2006

U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner

University of Miami International and Comparative Law Review

No abstract provided.


The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster Jan 2005

The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster

University of Miami International and Comparative Law Review

No abstract provided.


School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata Apr 2003

School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata

University of Miami Inter-American Law Review

No abstract provided.


Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham Oct 2002

Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham

University of Miami International and Comparative Law Review

No abstract provided.