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Articles 1 - 30 of 277
Full-Text Articles in Comparative and Foreign Law
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda
Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda
University of Miami Inter-American Law Review
Shareholders’ agreements are quite common in many jurisdictions. Theory and empirical evidence suggest that they may have a positive or a negative impact on corporate governance structures depending on companies’ characteristics and on the goals that these contracts pursue. Shareholders’ agreements may be used as Control Enhancement Mechanisms (CEM) allowing controllers to circumvent rules that favor minority investors. However, comparing to other CEM, in many countries information regarding them is scarce. Is it necessary that shareholders’ agreements in public corporations be fully informed?
We examine the case of Chile (a country that only requires to inform that a shareholder agreement …
The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens
The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens
University of Miami Inter-American Law Review
This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …
Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian
Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian
University of Miami Inter-American Law Review
This Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun.
The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera
The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera
University of Miami Inter-American Law Review
In 2021, the Department of Homeland Security issued immigration guidelines that de-emphasized detention and removal of non-citizens who, aside from being undocumented, are otherwise contributing members of communities across the United States. However, Arizona, Montana, Ohio, Texas, and Louisiana challenged these guidelines, launching a nuanced legal dispute that concerned states standing under Article III, prosecutorial discretion, and nationwide preliminary injunctions. In United States v. Texas, the Court ruled 8-1 that the states lacked standing and reversed the Fifth Circuit’s nationwide injunction, but the majority opinion failed to address the other legal issues that are pressing on a rife debate about …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Front Matter & Table Of Contents
Front Matter & Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble
A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble
University of Miami Inter-American Law Review
No abstract provided.
Prefatory Matter And Table Of Contents
Prefatory Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid
University of Miami Inter-American Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Prefatory Matter And Table Of Contents
Prefatory Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser
Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser
University of Miami Inter-American Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Investment Treaty Arbitration In Cuba, Rafael Cox Alomar
Investment Treaty Arbitration In Cuba, Rafael Cox Alomar
University of Miami Inter-American Law Review
Not since the fateful days of the 1962 Missile Crisis, has Cuba commanded as much global attention as it does today. The 2014 diplomatic rapprochement between the United States and Cuba, not only did away with the last vestiges of the Cold War in Caribbean waters, but more importantly has coincided with a period of acute ideological effervescence in Havana. Even in the face of President Raúl Castro’s resolute commitment to the principles of the 1959 Revolution, it is more than evident that Cuba is in the midst of a transformational moment. And perhaps in no other area of the …
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
University of Miami Inter-American Law Review
In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations arising …
Prefatory Matter And Table Of Contents
Prefatory Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria
Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria
University of Miami Inter-American Law Review
No abstract provided.
Food, Globalism And Theory: Marxian And Institutionalist Insights Into The Global Food System, Charles R.P. Pouncy
Food, Globalism And Theory: Marxian And Institutionalist Insights Into The Global Food System, Charles R.P. Pouncy
University of Miami Inter-American Law Review
No abstract provided.
The Global Politics Of Food: A Critical Overview, Nancy Ehrenreich, Beth Lyon
The Global Politics Of Food: A Critical Overview, Nancy Ehrenreich, Beth Lyon
University of Miami Inter-American Law Review
No abstract provided.
La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan, José Luis Calva
La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan, José Luis Calva
University of Miami Inter-American Law Review
No abstract provided.
Introduction: Politicizing The Everyday, Nicholas Espíritu
Introduction: Politicizing The Everyday, Nicholas Espíritu
University of Miami Inter-American Law Review
No abstract provided.