Law Commons^™

Cosmetic Crisis: The Obsolete Regulatory Framework Of The Ever-Evolving Cosmetic Industry, Isabelle M. Carbajales

University of Miami Law Review

Cosmetics only first became regulated after a series of tragic events where users were seriously harmed from the use of cosmetic products. These tragic events prompted legislators to enact the Food, Drug, and Cosmetics Act of 1938. Before then, law makers feared that regulating the cosmetic industry would lower the tone of legislation because they considered the cosmetic industry to be inconsequential. At present, the regulatory system in place to protect vulnerable cosmetic consumers is nearly identical to when it was enacted over eighty-six years ago—even though the cosmetic market looks nothing like it did back then. The consumer base …

The Freedom Of Influencing, Hannibal Travis

University of Miami Law Review

Social media stars and the Federal Trade Commission (“FTC”) Act are clashing. Influencer marketing is a preferred way for entertainers, pundits, and everyday people to monetize their audiences and popularity. Manufacturers, service providers, retailers, and advertising agencies leverage influencers to reach into millions or even billions of consumer devices, capturing minutes or seconds of the market’s fleeting attention. FTC enforcement actions and private lawsuits have targeted influencers for failing to disclose the nature of a sponsorship relationship with a manufacturer, marketer, or service provider. Such a failure to disclose payments prominently is very common in Hollywood films and on radio …

Condominium Law: How Florida Must Continue To Adapt In The Wake Of The Champlain Towers South Collapse, Austin Price

University of Miami Law Review

Condominiums represent a large portion of the housing inventory throughout the state of Florida. However, until recently, the maintenance of condominium buildings was left largely unregulated in most areas of the state. Only two counties, Broward and Miami-Dade, had inspection protocols in place, but each was limited in scope and allowed for long periods between inspections. Beyond those regulations, Florida law also gave residents the power to waive reserves even for the most important building components. After the tragic events that took place at Champlain Towers South, the state of Florida made great strides in improving the existing procedures by …

Let The Exceptions Do The Work: How Florida Should Approach Environmental Regulation After Cedar Point Nursery V. Hassid, Olivia Johnson

University of Miami Law Review

For nearly fifty years, courts distinguished between per se physical takings and regulatory takings. Yet, in 2021, the Supreme Court signaled a change of course with the monumental Cedar Point Nursery v. Hassid decision. The ruling challenges the government’s ability to mandate anything that impacts private property. In the face of environmental catastrophe and increasing pressure to assuage our climate crisis, how can governments respond without triggering a takings challenge?
Chief Justice Roberts in his majority decision may have left the door cracked open for governments to work around the Cedar Point Nursery ruling. By looking at the legacy of …

Cafo’S Are A Public Health Crisis:The Creation Of Covid-19, Helena Masiello

University of Miami Law Review

Concentrated Animal Feeding Operations (“CAFO’s”) are largely unregulated by State or Federal Laws in the United States. As a result of this lack of oversight, they are a breeding ground for deadly infectious diseases. The COVID-19 epidemic has demonstrated the threat that diseases pose to the United State like H1N1, SARS, and Ebola.
The USDA needs to regulate CAFOs under the mandate given to them by congress in the AHPA to ensure that they are not the epicenter of the next wave of deadly infectious diseases. Scientists have been warning about the disease potential of CAFOs for the last decade, …

One Step Forward, Two Steps Backward: An Elastic Products Liability Framework For E-Cigarette Regulation, Evan Robinson

University of Miami Law Review

Societal innovation is frequently triggered by need. Year after year, novel technologies are created by entrepreneurs who seek to find a more effective, efficient, or less dangerous way of accomplishing a specific goal. Oftentimes, these new technologies enter the marketplace bringing with them a host of uncertainties concerning both their performance and effect on consumer activity. Despite these inevitable uncertainties, new technologies play a vital role in advancing society when appropriately controlled. Indeed, while the appropriate levels of control may vary across industries and technologies, one principal remains constant amongst the mall: the obligation to balance risk with reward. The …

Paternalism, Self-Governance, And Public Health: The Case Of E-Cigarettes, Wendy E. Parmet

University of Miami Law Review

This article develops a normative framework for assessing public health laws, using the regulation of e-cigarettes as a case study. Although e-cigarettes are likely far less dangerous to individual users than traditional cigarettes, it remains uncertain whether their proliferation will lead to a reduction of smoking-related disease and deaths or to increased morbidity and mortality. This scientific uncertainty, whether and how to regulate e-cigarettes. This article presents a normative framework for analyzing such questions by offering three justifications for public health laws: impaired agency, harm to others, and self-governance. Each justification responds to the common charge that public health laws …

Death By A Thousand Cuts: How The Supreme Court Has Effectively Killed Campaign Finance Regulation By Its Limited Recognition Of Compelling State Interests, Kevin R. Huguelet

University of Miami Law Review

This Article examines the current campaign finance jurisprudence in the United States, with a particular emphasis on the Court’s recognition of compelling state interests. Given the limited recognition of compelling state interests, this Article seeks to question the seemingly arbitrary rationale behind recognition and explore the implications of minimal acceptance of compelling state interests. Because the evolution of compelling state interest recognition has varied greatly, the Court’s recent insistence — that the state has merely one compelling interest — is troublesome. This Article provides a comprehensive review of the campaign finance jurisprudence, then reviews the decisions that created or argued …

Dodging The Taxman: Why The Treasury’S Anti-Abuse Regulation Is Unconstitutional, Linda D. Jellum

University of Miami Law Review

To combat abusive tax shelters, the Department of the Treasury promulgated a general anti-abuse regulation applicable to all of subchapter K of the Internal Revenue Code of 1986. The Treasury targeted subchapter K because unique aspects of the partnership tax laws—including its aggregate-entity dichotomy—foster creative tax manipulation. In the anti-abuse regulation, the Treasury attempted to “codify” existing judicially-created anti-abuse doctrines, such as the business-purpose and economic-substance doctrines. Also, and more surprisingly, the Treasury directed those applying subchapter K to use a purposivist approach to interpretation and to reject textualism.

In this article, I demonstrate that the Treasury exceeded both its …

Owner Beware: Osha's Impact On Tort Litigation By Independent Contractors' Injured Employees Against Business Premises Owners, Jon M. Philipson

University of Miami Law Review

No abstract provided.