Law Commons^™

The Value Of Cryptocurrencies: How Bitcoin Fares In The Pockets Of Federal And State Courts, Brandon M. Peck

University of Miami Business Law Review

A recent Eleventh Judicial Circuit Court of Florida decision has raised concerns over how both federal and state courts consider the unregulated cryptocurrency, Bitcoin. In State of Florida v. Michell Abner Espinoza, Judge Teresa Pooler held that Bitcoin did not fall under the statutory definitions of “payment instrument” or “monetary instrument” because virtual currency is not directly specified nor could it be included within one of the defined categories listed in Fla. Stat. § 560.103(29) or 896.101(2). Furthermore, Judge Pooler, alluding to the doctrine of lenity, refused to hold Espinoza responsible under a statute that is “so vaguely written …

Our Equity: Federalism And Chancery, Jeffrey Steven Gordon

University of Miami Law Review

Federal courts sitting in diversity cannot agree on whether state or federal law governs the award of a preliminary injunction. The conditions for the exercise of a federal diversity court’s extraordinary remedial power are anybody’s guess. The immediate cause of the confusion is Justice Frankfurter’s cryptic opinion in Guaranty Trust Co. v. York, which aggressively enforced Erie and, at the same time, preserved the so-called “equitable remedial rights” doctrine. There are, however, much broader and deeper causes that explain why the equitable remedial rights doctrine is almost incomprehensible today.

This Article argues that the early history of equity in …

How To Unlock The Voting Block: Oregon’S Sweeping Solution To Poor Voter Turnout: Automatic Registration, Gavin Rynard

University of Miami International and Comparative Law Review

No abstract provided.

Striking A Balance Between The Paramount Importance Of The Safety Of Children And Constitutionally-Imposed Limits On State Power, Lindsey Lazopoulos Friedman

University of Miami Law Review

No abstract provided.

The Economic Loss Rule: Is A Building A “Product?” — Another View, Steve Siegfried, Erwin Gonzalez, H. Hugh (Terry) Mcconnell, Allen Bonner, James Czodli

University of Miami Law Review

This Article addresses how the Florida Supreme Court in Tiara Condominium Association v. Marsh & McLennan Cos. receded from its definition of “other property” in Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc. In Casa Clara the Florida Supreme Court held that a building is to be treated as a “product” for purposes of applying the Economic Loss Rule’s bar to tort claims for defective building materials incorporated into the building. Although Casa Clara adopted the economic loss rule established by Seely v. White Motor Co. and East River Steamship Corp. v. Transamerica Delaval, Inc., …

Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann

Articles

This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.

But renewable portfolio standards, feed-in tariffs, and …

Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson

Articles

No abstract provided.