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Articles 1 - 11 of 11
Full-Text Articles in Law
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
University of Miami Inter-American Law Review
In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government agency.
Exactly What They Asked For: Linking Harm And Intent In Wire Fraud Prosecutions, Christina M. Frohock, Marcos Daniel Jiménez
Exactly What They Asked For: Linking Harm And Intent In Wire Fraud Prosecutions, Christina M. Frohock, Marcos Daniel Jiménez
University of Miami Law Review
Recent opinions have obscured the U.S. Court of Appeals for the Eleventh Circuit’s guidance on federal criminal fraud prosecutions. In 2016, the court decided United States v. Takhalov and found no crime of wire fraud where the alleged victims received the benefit of their bargain. Just three years later, the concurring opinion in United States v. Feldman criticized that prior reasoning as puzzling, inviting problematic interpretations that become untethered from the common law of fraud. This Article tracks the development of the court’s view and argues for an interpretation of Takhalov that links harm to the specific intent necessary for …
Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark
University of Miami Business Law Review
No abstract provided.
Ramirez-Peyro V. Holder: Protecting Mexican Informants From Themselves, David Seth Yohay
Ramirez-Peyro V. Holder: Protecting Mexican Informants From Themselves, David Seth Yohay
University of Miami Inter-American Law Review
No abstract provided.
Trust Funds In Common Law And Civil Law Systems: A Comparative Analysis, Carly Howard
Trust Funds In Common Law And Civil Law Systems: A Comparative Analysis, Carly Howard
University of Miami International and Comparative Law Review
No abstract provided.
Convergence Of Civil Law And Common Law In The Criminal Theory Realm, Julian Hermida
Convergence Of Civil Law And Common Law In The Criminal Theory Realm, Julian Hermida
University of Miami International and Comparative Law Review
No abstract provided.
Saving Constitutional Rights From Judicial Scrutiny: The Savings Clause In The Law Of The Commonwealth Caribbean, Margaret A. Burham
Saving Constitutional Rights From Judicial Scrutiny: The Savings Clause In The Law Of The Commonwealth Caribbean, Margaret A. Burham
University of Miami Inter-American Law Review
No abstract provided.
The Gate(Way)S Of Hell And Pathways To Purgatory: Eradicating Common Law Protections In The Newly Sculpted Character Evidence Rules Of The United Kingdom's 2003 Criminal Justice Act, Chris Chambers Goodman
The Gate(Way)S Of Hell And Pathways To Purgatory: Eradicating Common Law Protections In The Newly Sculpted Character Evidence Rules Of The United Kingdom's 2003 Criminal Justice Act, Chris Chambers Goodman
University of Miami Law Review
No abstract provided.
Soia's Way: Toiling In The Common Law Tradition, Irwin P. Stotzky
Soia's Way: Toiling In The Common Law Tradition, Irwin P. Stotzky
University of Miami Law Review
No abstract provided.
The Reason Of The Common Law, Barbara A. Singer
The Reason Of The Common Law, Barbara A. Singer
University of Miami Law Review
Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.
The Common Law Of Non-Disclosure In Guyanese Insurance Law, R. Persaud
The Common Law Of Non-Disclosure In Guyanese Insurance Law, R. Persaud
University of Miami Inter-American Law Review
No abstract provided.