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Full-Text Articles in Law
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
University of Miami Inter-American Law Review
Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
University of Miami Inter-American Law Review
This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.
The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta
The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta
University of Miami Inter-American Law Review
The territorial law and policy of the United States changed towards the turn of the 20th century, as territorial expansion was no longer motivated by the extension of national borders, but by geopolitical, strategic and economic objectives. The new territories acquired in the Spanish American war were different from those previously annexed. The resulting constitutional doctrine of the Insular Cases differentiated the previous incorporated territories from the new unincorporated territories, which were not destined to be part of the U.S. nor to be admitted as new states. Despite purported changes in the relation with the United States in 1950-1952, Puerto …
Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan
University of Miami Inter-American Law Review
This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
University of Miami Inter-American Law Review
No abstract provided.
The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax
The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax
University of Miami Inter-American Law Review
No abstract provided.
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 …
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.
Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez
Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez
University of Miami Business Law Review
That the United States has long had a strained relationship with Cuba is no secret to the international community. Most recently, this strain has been embodied in a commercial, economic and financial embargo that has been enforced by the United States since 1962. That said, focusing only on this limited stretch of history would ignore the greater context of American–Cuban relations. This paper takes a step back to conduct a historical analysis, examine the current state of relations, and to posit on the potential of future economic ties between the two nations. After a thorough examination, an overarching question emerges: …
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
University of Miami Inter-American Law Review
This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
University of Miami Inter-American Law Review
This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal issues …
Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney
Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney
University of Miami National Security & Armed Conflict Law Review
Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.
This article explores the legal justifications for the …
The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.
The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.
University of Miami Inter-American Law Review
No abstract provided.
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.
Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino
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
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.
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 …
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
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
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
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
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
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.