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University of Miami International and Comparative Law Review

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Full-Text Articles in Comparative and Foreign Law

Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine May 2023

Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine

University of Miami International and Comparative Law Review

This note compares the short-term benefits and long-term consequences of emergency powers using examples from several countries and offers solutions to mitigate those consequences. Historically, emergency powers were only granted in times of true crises. In those circumstances, emergency powers can serve an important purpose: to help the government run smoothly and efficiently. Unfortunately, permanent power grabs are now more common and the standard for what constitutes an emergency has weakened severely, often resulting in civil rights infringements. Possible solutions to this problem include understanding the negative effects of sunset clauses in emergency acts, increased awareness of manufactured emergencies, encouraging …


Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs May 2014

Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs

University of Miami International and Comparative Law Review

No abstract provided.


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 …


Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron Oct 2002

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 Oct 2002

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.