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Articles

University of Miami Law School

2010

Articles 1 - 30 of 32

Full-Text Articles in Law

Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano Oct 2010

Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano

Articles

Today, legal controversies are tried in the court of public opinion as much as in any court of law. Corporate lawyers' traditional tendency, however, has been to attempt to isolate legal activities from public relations activities. Accordingly, when providing legal advice, they have viewed media considerations as separate. Historically corporate counsels' typical media strategy often consisted of no more than, "no comment." Given today's saturated media culture, this is no longer a viable strategy. Indeed, it appears that some corporate lawyers are adapting to the new media environment and attempting to help their clients manage the public relations impact of …


University Endowments: A (Surprisingly) Elusive Concept, Frances R. Hill Jan 2010

University Endowments: A (Surprisingly) Elusive Concept, Frances R. Hill

Articles

Even as certain policy makers press for mandatory payouts from endowments, the concept of an endowment remains surprisingly elusive. In the absence of either operational concepts of endowments or well-established metrics for identifying and measuring endowments, public policy discussions proceed with an implicit model of an endowment as "money in waiting" that is not currently in use for exempt educational purposes. This Article suggests that endowments, however conceptualized or measured, are better understood as "money in use" even though it is not being distributed. It argues that most endowment money is currently in use for at least two purposes. The …


Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton Jan 2010

Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton

Articles

No abstract provided.


No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton Jan 2010

No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton

Articles

No abstract provided.


Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes Jan 2010

Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes

Articles

No abstract provided.


The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum Jan 2010

The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum

Articles

No abstract provided.


The Truth About Haiti, Irwin P. Stotzky Jan 2010

The Truth About Haiti, Irwin P. Stotzky

Articles

No abstract provided.


Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin Jan 2010

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

Articles

No abstract provided.


The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi Jan 2010

The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi

Articles

No abstract provided.


Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless Jan 2010

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Articles

No abstract provided.


Lyondell: A Note Of Approbation, William Wilson Bratton Jan 2010

Lyondell: A Note Of Approbation, William Wilson Bratton

Articles

No abstract provided.


Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri Jan 2010

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.


A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi Jan 2010

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Articles

No abstract provided.


Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel Jan 2010

Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel

Articles

This reply discusses Pablo Gilabert's response to my article, "Rethinking Indivisibility." It welcomes his distinction between conceptual, normative, epistemic, and causal forms of support from one right to another. It denies, however, that "Rethinking Indivisibility" downplayed linkage arguments for human rights (although it did call for careful evaluation of such arguments), and rejects Gilabert's suggestion that we understand the indivisibility of two rights as two rights being highly useful to each other (interdependence) rather than as mutual indispensability. In the final section, I offer two new worries about the system-wide indivisibility of human rights.


There There? Does State Constitutional Law Exist?, Patrick O. Gudridge Jan 2010

There There? Does State Constitutional Law Exist?, Patrick O. Gudridge

Articles

No abstract provided.


Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby Jan 2010

Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby

Articles

No abstract provided.


Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice Jan 2010

Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice

Articles

No abstract provided.


War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby Jan 2010

War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby

Articles

No abstract provided.


The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca Jan 2010

The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca

Articles

No abstract provided.


Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James Jan 2010

Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James

Articles

No abstract provided.


The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas Jan 2010

The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas

Articles

No abstract provided.


Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin Jan 2010

Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin

Articles

State invocations of God are common in the United States; indeed, the national motto is "In God We Trust." Yet the Establishment Clause forbids the state from favoring some religions over others. Nonetheless, courts have found the national motto and other examples of what is termed ceremonial deism constitutional on the ground that the practices are longstanding, have de minimis and nonsectarian religious content, and achieve a secular goal. Therefore, they conclude, a reasonable person would not think that the state was endorsing religion.

But would all reasonable people reach this conclusion? This Article examines the "reasonable person" at the …


Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri Jan 2010

Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge Jan 2010

Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge

Articles

No abstract provided.


Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack Jan 2010

Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack

Articles

No abstract provided.


Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson Jan 2010

Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson

Articles

Congress enacted § 1113 to the Bankruptcy Code in 1984 in order to establish a standard for the rejection of Collective Bargaining Agreements. But the statute's ambiguous language has caused a split between the Second and Third Circuits, and has precipitated a lengthy academic debate largely centered on the interpretation of one word: "necessary." This debate has focused on proper statutory interpretation as well as deeper concerns regarding the policy goals behind the Bankruptcy Code. The present study reports data that indicate that the different interpretations are irrelevant in practice. No matter how "necessary" is defined, the result is always …


Cognitive Capture, Parliamentary Parentheses, And The Rise Of Fractional Apportionment, Stanley I. Langbein Jan 2010

Cognitive Capture, Parliamentary Parentheses, And The Rise Of Fractional Apportionment, Stanley I. Langbein

Articles

No abstract provided.


Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona Jan 2010

Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona

Articles

No abstract provided.


Heedless Globalism: The Sec's Roadmap To Accounting Convergence, William Wilson Bratton Jan 2010

Heedless Globalism: The Sec's Roadmap To Accounting Convergence, William Wilson Bratton

Articles

The Securities Exchange Commission (SEC) has introduced a "Roadmap" that describes a process leading to mandatory use of International Financial Reporting Standards (IFRS) by domestic issuers by 2014. The SEC justifies this initiative on the grounds that global standardization yields cost savings and an ultimate gain incomparability, facilitating the search for global opportunities by U.S. investors and making US. capital markets more attractive to foreign issuers. This Article shows that the offered justification is inadequate. The SEC frames the matter as a choice between two institutional frameworks for standard setting, holding out high quality sets of standards, asking which choice …


The Case Against Shareholder Empowerment, William Wilson Bratton Jan 2010

The Case Against Shareholder Empowerment, William Wilson Bratton

Articles

Many look toward enactment of the law-reform agenda held out by proponents of shareholder empowerment as a part of the regulatory response to the current financial crisis. This Article argues that the financial crisis exposes major weaknesses in the shareholder empowerment case. Our claim is that shareholder empowerment delivers management a simple and emphatic marching order: manage to maximize the market price of the stock. This is exactly what the managers of a critical set of financial firms did in recent years. They managed to a market that focused on increasing observable earnings, and, as it turned out, they failed …