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Articles 1 - 30 of 138
Full-Text Articles in Law
Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas
Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas
University of Miami International and Comparative Law Review
No abstract provided.
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
University of Miami International and Comparative Law Review
No abstract provided.
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
University of Miami International and Comparative Law Review
No abstract provided.
The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon
The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon
University of Miami International and Comparative Law Review
No abstract provided.
Executive Acquiescence To Constitutional Norms And Judicial Decision-Making In South Africa, Andrew Konstant, Shayda Vance
Executive Acquiescence To Constitutional Norms And Judicial Decision-Making In South Africa, Andrew Konstant, Shayda Vance
University of Miami International and Comparative Law Review
No abstract provided.
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
University of Miami International and Comparative Law Review
No abstract provided.
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 …
Dodging The Taxman: Why The Treasury’S Anti-Abuse Regulation Is Unconstitutional, Linda D. Jellum
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 …
Nonconsensual Pornography And The First Amendment: A Case For A New Unprotected Category Of Speech, Alix Iris Cohen
Nonconsensual Pornography And The First Amendment: A Case For A New Unprotected Category Of Speech, Alix Iris Cohen
University of Miami Law Review
Nonconsensual pornography, or the distribution of sexually graphic images of individuals without their consent, is not illegal at the federal level, nor is it illegal in the majority of states. Failure to pass laws prohibiting nonconsensual pornography, commonly referred to as “revenge porn,” leaves many victims without recourse. Opponents of legislation regulating revenge porn claim that it cannot be banned because it constitutes speech that is protected by the First Amendment. This Comment argues that nonconsensual pornography should be considered an unprotected category of speech, which would enable it to be prohibited without triggering First Amendment concerns. The method of …
Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar
Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar
University of Miami Law Review
“Too many girls and women still confront ‘No Trespassing’ signs throughout educational institutions,” read the introduction to the Report Card of Gender Equity written twenty five years after the passing of Title IX.1 Now, forty-three years after the passing of Title IX of the Education Amendment Act, the ‘No Trespassing’ signs have not been removed. As of 1972, females can participate in federally funded education programs—but it comes at a cost.2 A 2007 study revealed that one out of every five female college students is sexually assaulted.3 The alarming rate of sexual assault on college campuses interferes with students’ autonomy …
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
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 …
Application Of The Federal Mail And Wire Fraud Statutes To Criminal Liability For Stock Market Insider Trading And Tipping, William K.S. Wang
Application Of The Federal Mail And Wire Fraud Statutes To Criminal Liability For Stock Market Insider Trading And Tipping, William K.S. Wang
University of Miami Law Review
SEC Rule 10b-5 covers a great deal of stock market insider trading and tipping, but certainly not all. For insider trading defendants, some elements of criminal liability may be different and possibly easier to satisfy under mail/wire fraud than under SEC Rule 10b-5 (e.g., materiality, and the requirements for tipper and tippee liability recently tightened for Rule 10b-5 by the Second Circuit). Generally, courts have not addressed these possible differences.
With insider trading and tipping, the victim of mail/wire fraud could be either the information-owner or the party on the other side of the transaction. The courts have not examined …
Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg
Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg
Articles
No abstract provided.
Dignifying Madness: Rethinking Commitment Law In An Age Of Mass Incarceration, Jonathan Simon, Stephen A. Rosenbaum
Dignifying Madness: Rethinking Commitment Law In An Age Of Mass Incarceration, Jonathan Simon, Stephen A. Rosenbaum
University of Miami Law Review
Modern nation-states have been trapped in recurring cycles of incarcerating and emancipating residents with psychiatric disabilities. New cycles of enthusiasm for incarceration generally commence with well-defined claims about the evils of allowing “the mad” to remain at liberty and the benefits incarceration would bring to the afflicted. A generation or two later, at most, reports of terrible conditions in institutions circulate and new laws follow, setting high burdens for those seeking to imprison and demanding exacting legal procedures with an emphasis on individual civil liberties. Today, we seem to be arriving at another turn in the familiar cycle. A growing …
Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed
Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed
University of Miami Law Review
Since early in the HIV epidemic, epidemiologists identified individuals who transact sex as a high-risk group for contracting HIV. Where the issue of transacting sex has been framed as sex work, harm-reduction advocates and scholars call for decriminalization as a primary legal solution to address HIV. Where the issue is defined as trafficking, advocates known as abolitionists argue instead for the criminalization of the purchase of sex.
Global health governance institutions are porous to these competing ideas and ideologies. This article first historicizes the contestation between harm-reduction and abolition in global governance on health. The paper then turns to a …
Extraterritorial Criminal Enforcement Of Securities Fraud Regulations After United States V. Vilar, Edgardo Rotman
Extraterritorial Criminal Enforcement Of Securities Fraud Regulations After United States V. Vilar, Edgardo Rotman
University of Miami Law Review
In August 2013, the Court of Appeals for the Second Circuit in the case of United States v. Vilar denied extraterritorial application of the criminal law antifraud provisions contained in the Securities Exchange Act. The specific object of this paper is to criticize this decision and negate its premises.
After delving in depth into the notion of extraterritoriality, the paper offers a dynamic interpretation of the 1922 Supreme Court’s decision in United States v. Bowman, which is still the governing precedent on extraterritorial application of criminal laws. Furthermore, the paper criticizes the application of the 2010 Supreme Court’s decision …
Panel On Colonization, Culture, And Resistance (Transcript), Sarah Deer, Zanita Fenton (Moderator), Val Kalei Kanuha, Eesha Pandit
Panel On Colonization, Culture, And Resistance (Transcript), Sarah Deer, Zanita Fenton (Moderator), Val Kalei Kanuha, Eesha Pandit
University of Miami Race & Social Justice Law Review
No abstract provided.
Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice (Transcript), Margaret Johnson, James Ptacek (Moderator), Nicole Matthews, Hillary Potter
Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice (Transcript), Margaret Johnson, James Ptacek (Moderator), Nicole Matthews, Hillary Potter
University of Miami Race & Social Justice Law Review
No abstract provided.
Advancing A Human Rights Framework To Reimagine The Movement To End Gender Violence, Rosie Hidalgo
Advancing A Human Rights Framework To Reimagine The Movement To End Gender Violence, Rosie Hidalgo
University of Miami Race & Social Justice Law Review
No abstract provided.
Interview—Caroline Bettinger-Lopez And Marleine Bastien On The Fight To Stop Gender Violence: From Haiti To Miami, Caroline Bettinger-López, Marleine Bastien
Interview—Caroline Bettinger-Lopez And Marleine Bastien On The Fight To Stop Gender Violence: From Haiti To Miami, Caroline Bettinger-López, Marleine Bastien
University of Miami Race & Social Justice Law Review
No abstract provided.
Rethinking A New Domestic Violence Pedagogy, Deborah M. Weissman
Rethinking A New Domestic Violence Pedagogy, Deborah M. Weissman
University of Miami Race & Social Justice Law Review
No abstract provided.
Acknowledgments
University of Miami Race & Social Justice Law Review
No abstract provided.
Reimagining The Movement To End Gender Violence: Anti-Racism, Prison Abolition, Women Of Color Feminisms, And Other Radical Visions Of Justice (Transcript), Beth E. Richie
University of Miami Race & Social Justice Law Review
No abstract provided.
Introduction: Converge! Reimagining The Movement To End Gender Violence, Donna Coker, Leigh Goodmark, Marcia Olivo
Introduction: Converge! Reimagining The Movement To End Gender Violence, Donna Coker, Leigh Goodmark, Marcia Olivo
University of Miami Race & Social Justice Law Review
No abstract provided.
Plenary 2—Redefining Gender Violence (Transcript), Andrea Ritchie, Leigh Goodmark (Moderator), Juanita Flores, Julie Goldscheid, Spearit
Plenary 2—Redefining Gender Violence (Transcript), Andrea Ritchie, Leigh Goodmark (Moderator), Juanita Flores, Julie Goldscheid, Spearit
University of Miami Race & Social Justice Law Review
No abstract provided.
Reflections And Analysis (Transcript), Lavon Morris-Grant, Eesha Pandit, Rosana Araujo, Reina Fernández, Reyna Gómez
Reflections And Analysis (Transcript), Lavon Morris-Grant, Eesha Pandit, Rosana Araujo, Reina Fernández, Reyna Gómez
University of Miami Race & Social Justice Law Review
No abstract provided.
Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid
Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid
University of Miami Race & Social Justice Law Review
No abstract provided.
Building Towards Transformative Justice At Sakhi For South Asian Women, Soniya Munshi, Bhavana Nancherla, Tiloma Jayasinghe
Building Towards Transformative Justice At Sakhi For South Asian Women, Soniya Munshi, Bhavana Nancherla, Tiloma Jayasinghe
University of Miami Race & Social Justice Law Review
No abstract provided.
Finding The Middle Ground: Reimagining Responses To Women’S Use Of Force, Lisa Young Larance, Susan L. Miller
Finding The Middle Ground: Reimagining Responses To Women’S Use Of Force, Lisa Young Larance, Susan L. Miller
University of Miami Race & Social Justice Law Review
No abstract provided.
“Usually It’S Something In The Writing”: Reconsidering The Narrative Requirement For Protection Order Petitions, Alesha Durfee
“Usually It’S Something In The Writing”: Reconsidering The Narrative Requirement For Protection Order Petitions, Alesha Durfee
University of Miami Race & Social Justice Law Review
No abstract provided.