Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 27 of 27
Full-Text Articles in Law
Their Cheese Has Holes But Their Gun Policy Doesn’T: A Review Of The Swiss Gun Policy Compared To The United States, Nikolaos Manuel Hernandez
Their Cheese Has Holes But Their Gun Policy Doesn’T: A Review Of The Swiss Gun Policy Compared To The United States, Nikolaos Manuel Hernandez
University of Miami International and Comparative Law Review
“With the right to bear arms come a great responsibility to use caution and common sense on handgun purchases.” – Ronald Reagan
The left will say we need more gun control, the right will say it is our constitutional right to bear arms. Is one truly better than the other? Does the answer lie simply in gun education? This note will scrutinize the history of the Second Amendment to the United States Constitution as it relates to gun rights, gun laws, and gun violence. Next, this note will compare those rights, laws, and statistics to that of Switzerland. Switzerland’s gun …
The Shortcomings Of The “Public Charge” Doctrine: Why The Dhs Final Rule Should Be Abandoned And Why The United States Should Look To The Progressive Immigration Policies Of Sweden, Emily Demetree
University of Miami International and Comparative Law Review
The United States has a longstanding history of denying aliens admission based on a wide range of grounds that we have deemed to demonstrate the alien would be either dangerous to society or a financial burden on the state. “Self-sufficiency” has been a basic principle of US immigration law since the country’s earliest immigration statutes. It is the contention of the Department of Homeland Security that the availability of public benefits can create an incentive for immigration to the United States at a rate that cannot be financially supported by the government. Certain European countries, such as Sweden, see a …
Environmental Racism: How Governments Are Systematically Poisoning Indigenous Communities & The U.N.’S Role, Maia Dombey
Environmental Racism: How Governments Are Systematically Poisoning Indigenous Communities & The U.N.’S Role, Maia Dombey
University of Miami International and Comparative Law Review
This note examines the practice of toxic waste dumping on indigenous lands and how it fits within the broader concept of environmental racism. It further evaluates the international human rights framework and how the United Nations and other international bodies interact with this concept and provide means for protection against this illicit practice. Further, it examines the role of the Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes and how he, in his role as Special Rapporteur, can provide relief to indigenous communities suffering the effects of this …
Reforming Expansive Crime Control & Sentencing Legislation In An Era Of Mass Incarceration: A National And Cross-National Study, Rebecca Wasif
Reforming Expansive Crime Control & Sentencing Legislation In An Era Of Mass Incarceration: A National And Cross-National Study, Rebecca Wasif
University of Miami International and Comparative Law Review
No abstract provided.
Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem
University of Miami International and Comparative Law Review
In March 2018, Process & Industrial Developments Limited (P&ID) filed a petition at the United States District Court for the District of Columbia to confirm an arbitral award against the Federal Republic of Nigeria. The proceedings were conducted in three phases – jurisdictional, liability, and damages. The arbitration provision in the underlying contract hardly represented a model of clarity. It provided for the application of the Nigerian arbitration act to any dispute between the parties. On the other hand, it specified London as the “venue” of the proceedings. This posed a problem as to whether Nigeria was the juridical seat …
Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron
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
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.
A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison
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.
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
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
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
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 …
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 …
Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga
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.
Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson
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
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
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.
Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham
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.
Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron
Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron
University of Miami International and Comparative Law Review
No abstract provided.
Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector
Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector
University of Miami International and Comparative Law Review
No abstract provided.
Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig
Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig
University of Miami International and Comparative Law Review
No abstract provided.
European Security And Defense Policy Under The Gun, Jeff P.H. Cazeau
European Security And Defense Policy Under The Gun, Jeff P.H. Cazeau
University of Miami International and Comparative Law Review
No abstract provided.
Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman
Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman
University of Miami International and Comparative Law Review
No abstract provided.
Economic Sanctions Imposed By The United States Against Cuba: The Thirty-Nine Year Embargo Culminating With The Cuban Liberty And Democratic Solidarity (Libertad) Act Of 1996, Digna B. French
University of Miami International and Comparative Law Review
No abstract provided.
Commercial Agency Law In The European Community For The United States Principal, M. Thomas Lobasz
Commercial Agency Law In The European Community For The United States Principal, M. Thomas Lobasz
University of Miami International and Comparative Law Review
No abstract provided.
The Post-Cold War Era: Renewed Hope For International Law In The Inter-American System, Andrés Franco
The Post-Cold War Era: Renewed Hope For International Law In The Inter-American System, Andrés Franco
University of Miami International and Comparative Law Review
No abstract provided.
Obtaining Evidence In France For Use In The United States, Elena Del Valle
Obtaining Evidence In France For Use In The United States, Elena Del Valle
University of Miami International and Comparative Law Review
No abstract provided.
United States And European Community Antidumping Law: Similarities And Differences, Patrick F.J. Macrory, Edwin Vermulst, Paul Waer
United States And European Community Antidumping Law: Similarities And Differences, Patrick F.J. Macrory, Edwin Vermulst, Paul Waer
University of Miami International and Comparative Law Review
No abstract provided.