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Articles

2015

University of Miami Law School

Articles 1 - 30 of 43

Full-Text Articles in Law

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 Oct 2015

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.


How Can Law Firms Innovate, James Batham, Michele Destefano Feb 2015

How Can Law Firms Innovate, James Batham, Michele Destefano

Articles

No abstract provided.


Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail Partin, Sally H. Wise Feb 2015

Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail Partin, Sally H. Wise

Articles

No abstract provided.


Standing (In) For The Government, Sergio J. Campos Jan 2015

Standing (In) For The Government, Sergio J. Campos

Articles

No abstract provided.


Deterring Both Spur-Of-The-Moment And Carefully Planned Corporate Crimes, Robert Eli Rosen Jan 2015

Deterring Both Spur-Of-The-Moment And Carefully Planned Corporate Crimes, Robert Eli Rosen

Articles

No abstract provided.


Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman Jan 2015

Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman

Articles

No abstract provided.


Representing Interdisciplinarity, Kunal Parker Jan 2015

Representing Interdisciplinarity, Kunal Parker

Articles

No abstract provided.


Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker Jan 2015

Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker

Articles

No abstract provided.


Keeping Track Of Conservation, Jessica Owley Jan 2015

Keeping Track Of Conservation, Jessica Owley

Articles

Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …


Corporate Religious Liberty, Caroline Mala Corbin Jan 2015

Corporate Religious Liberty, Caroline Mala Corbin

Articles

No abstract provided.


Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin Jan 2015

Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin

Articles

In Town of Greece, New York v. Galloway, the Supreme Court upheld a legislative prayer practice with overwhelmingly Christian prayers in part because the Court concluded that the exclusion of all other religions was unintentional. This requirement-that a religiously disparate impact must be intentional before it amounts to an establishment violation-is new for Establishment Clause doctrine. An intent requirement, however, is not new for equal protection or free exercise claims. This Essay explores the increased symmetry between the Establishment Clause, the Equal Protection Clause, and the Free Exercise Clause. It argues that many of the critiques of the intentional …


Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin Jan 2015

Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin

Articles

No abstract provided.


The Problem Of Local Methods In Cross-Border Insolvencies, Andrew B. Dawson Jan 2015

The Problem Of Local Methods In Cross-Border Insolvencies, Andrew B. Dawson

Articles

No abstract provided.


Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin Jan 2015

Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin

Articles

Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides …


What We Like, Annie Brett, A. Michael Froomkin Jan 2015

What We Like, Annie Brett, A. Michael Froomkin

Articles

No abstract provided.


Dark Money In Motion: Mapping Issues Along The Money Trail, Frances R. Hill Jan 2015

Dark Money In Motion: Mapping Issues Along The Money Trail, Frances R. Hill

Articles

No abstract provided.


A Dormant Commerce Clause Approach To Interstate Electricity Transmission, Felix Mormann Jan 2015

A Dormant Commerce Clause Approach To Interstate Electricity Transmission, Felix Mormann

Articles

No abstract provided.


Buying Teams, Andres Sawicki Jan 2015

Buying Teams, Andres Sawicki

Articles

No abstract provided.


Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes Jan 2015

Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes

Articles

No abstract provided.


Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi Jan 2015

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

Articles

No abstract provided.


Fifty Years After The Passage Of Title Vii: Is It Time For The Government To Use The Bully Pulpit To Enact A Status-Blind Harassment Statute, Marcia Narine Jan 2015

Fifty Years After The Passage Of Title Vii: Is It Time For The Government To Use The Bully Pulpit To Enact A Status-Blind Harassment Statute, Marcia Narine

Articles

No abstract provided.


Rethinking Insider Trading Regulation, Caroline Bradley Jan 2015

Rethinking Insider Trading Regulation, Caroline Bradley

Articles

No abstract provided.


Someone Who'll Watch Over Me, Patrick O. Gudridge Jan 2015

Someone Who'll Watch Over Me, Patrick O. Gudridge

Articles

No abstract provided.


Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen Jan 2015

Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen

Articles

No abstract provided.


Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon Jan 2015

Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon

Articles

Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to foreign investors, but also reflects a shift of several developing EAP countries from having been predominantly recipients of foreign investment in the past, toward becoming important sources of foreign investment abroad. Reflecting trade and investment patterns, as of December 2014, EAP countries concluded a total of at least 712 BITs and 69 other IlAs. On the heels of this development, the …


Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore Jan 2015

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Articles

No abstract provided.


Self-Defense Against Robots And Drones, A. Michael Froomkin, P. Zak Colangelo Jan 2015

Self-Defense Against Robots And Drones, A. Michael Froomkin, P. Zak Colangelo

Articles

Robots can pose-or can appear to pose-a threat to life, property, and privacy. May a landowner legally shoot down a trespassing drone? Can she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or Peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot? This Article addresses all those issues and one more. what rules and standards we could put into place to make the resolution of those questions easier and …


Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt Jan 2015

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

Articles

No abstract provided.


A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi Jan 2015

A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi

Articles

As technology undermines the economic model supporting the traditional press, news organizations are succumbing to the siren call of "native advertising" – a new marketing technique for unobtrusively integrating paid advertising into editorial content. Brands are increasingly turning to native ads to preempt consumers' well-documented ad avoidance. Although the native advertising model debuted on digital-native news sites, it is now ubiquitous in elite legacy media as well. Everyone knew "native" had arrived for good when the venerable New York Times not only introduced its online "Paid Post," but incorporated sponsored content in its print editions, and even hired an in-house …


A Response To The Ipcc Fifth Assessment, Jessica Owley, Sarah J. Adams-Schoen, Deepa Badrinarayana,, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs Jan 2015

A Response To The Ipcc Fifth Assessment, Jessica Owley, Sarah J. Adams-Schoen, Deepa Badrinarayana,, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs

Articles

No abstract provided.