Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (289)
- International Law (202)
- Human Rights Law (12)
- Bankruptcy Law (8)
- Dispute Resolution and Arbitration (8)
-
- European Law (6)
- International Trade Law (6)
- Law of the Sea (5)
- Health Law and Policy (4)
- International Humanitarian Law (4)
- Law and Society (4)
- Military, War, and Peace (4)
- National Security Law (4)
- Privacy Law (4)
- Banking and Finance Law (3)
- Criminal Law (3)
- Environmental Law (3)
- Family Law (3)
- Intellectual Property Law (3)
- Business Organizations Law (2)
- Internet Law (2)
- Jurisdiction (2)
- Labor and Employment Law (2)
- Law and Economics (2)
- Natural Resources Law (2)
- Oil, Gas, and Mineral Law (2)
- Religion Law (2)
- Science and Technology Law (2)
- Tax Law (2)
- Keyword
-
- United States (38)
- International law (25)
- Human rights (19)
- European Union (17)
- Cuba (15)
-
- Africa (9)
- China (9)
- European Community (8)
- Bankruptcy (7)
- Insolvency (7)
- International arbitration (7)
- International trade (7)
- Terrorism (7)
- Canada (6)
- Globalization (6)
- Property rights (6)
- WTO (6)
- Arbitration (5)
- Covid-19 (5)
- Germany (5)
- National security (5)
- Regulations (5)
- South Africa (5)
- Spain (5)
- World Trade Organization (5)
- Asylum (4)
- Economic sanctions (4)
- Foreign relations (4)
- Helms-Burton Act (4)
- India (4)
Articles 1 - 30 of 333
Full-Text Articles in Law
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
Critical Tax Theory In The U.S., Australia, And Brazil: Current Challenges And Perspectives For The Future, Júlia Silva Araújo Carneiro
Critical Tax Theory In The U.S., Australia, And Brazil: Current Challenges And Perspectives For The Future, Júlia Silva Araújo Carneiro
University of Miami International and Comparative Law Review
Tax law has never been a neutral field. On the contrary, it impacts a range of identity axes, including socioeconomic class, race, and gender, and can act as a mechanism for maintaining the status quo or as a catalyst for social change. By examining the ongoing debate on critical tax theory in the United States, Australia, and Brazil, this Article shows that, no matter the differences found in distinct tax systems, tax law functions as a mirror of a country’s values and can be employed either to support or to disadvantage minorities.<.p>American critical tax scholars have consistently highlighted the …
Granting Legal Personality To Artificial Intelligences In Brazil’S Legal Context: A Possible Solution To The Copyright Limbo, Victor Habib Lantyer
Granting Legal Personality To Artificial Intelligences In Brazil’S Legal Context: A Possible Solution To The Copyright Limbo, Victor Habib Lantyer
University of Miami International and Comparative Law Review
This Article investigates the feasibility and consequences of granting legal personality to Artificial Intelligences (AIs) in the context of Brazilian law, with a special focus on copyright law. It conducts a thorough analysis of how such a grant can enhance legal security and encourage innovation in AI technologies. Through an integrative review of the literature and a comparative analysis of national and international legislation and jurisprudence, the study explores the implications of this legislative innovation. This Article highlights the importance of legal clarity for companies and investors in the AI sector, emphasizing that granting legal personality to AIs can simplify …
Fashion Upcycling As Protected Free Speech In Trademark Law, Martin Senftleben
Fashion Upcycling As Protected Free Speech In Trademark Law, Martin Senftleben
University of Miami International and Comparative Law Review
Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing. Using second-hand garments as raw material for new creations, upcyclers transform used pieces of clothing into new fashion products that may become even more sought-after than the original source material. The more fashion elements enjoy trademark protection; however, the more legal obstacles arise. Fashion upcycling may trigger allegations of consumer confusion, brand dilution, and unfair freeriding. As the Introduction will explain, the exhaustion of trademark rights after the first sale does not necessarily dispel concerns about trademark infringement. The rearrangement of branded garment components in the upcycling process may …
Coming Full Circle: The International Legal Status Of The International Olympic Committee, William Thomas Worster
Coming Full Circle: The International Legal Status Of The International Olympic Committee, William Thomas Worster
University of Miami International and Comparative Law Review
No abstract provided.
Leveling The Playing Field: Navigating The ‘Name, Image, And Likeness’ Rules For International Student-Athletes In The United States, Colsen Khaze Centner
Leveling The Playing Field: Navigating The ‘Name, Image, And Likeness’ Rules For International Student-Athletes In The United States, Colsen Khaze Centner
University of Miami International and Comparative Law Review
This Note analyzes the NCAA’s new ‘Name, Image, and Likeness’ (“NIL”) guidelines and their impact on international student-athletes. The NCAA’s NIL guidelines allow student-athletes to profit off of their own name, image, and likeness, a benefit that would have made them ineligible to maintain their amateur status and compete in the NCAA two short years ago.1 While the NCAA’s NIL guidelines can generate substantial compensation for some of the NCAA’s most prolific student-athletes, international student-athletes are limited in the NIL opportunities they can enjoy based on various immigration restrictions.2 If an international student-athlete is found to be in violation of …
Failure To Influence: Legislation Requiring Social Media Influencers To Disclose Their Retouched Images Will Not Address Youth Body Image Concerns, Michael Stuart
University of Miami International and Comparative Law Review
In 2013, Israel’s Act Limiting Weight in the Modelling Industry first came into effect, requiring advertisers to disclose when images of commercial models have been digitally altered. The Act, which was the first of its kind, has come to be known as Israel’s “Photoshop Law” and was designed to help models maintain healthy weights and to ensure transparency in fashion advertising. Now, in response to growing concerns over body image issues linked with youth social media consumption, several nations around the world, including Norway and the United Kingdom, have proposed or enacted regulations that require social media influencers to add …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
The Radical Potential Of Creating Communities Of Care Through Art, Rhoda Rosen, Amanda Leigh Davis
The Radical Potential Of Creating Communities Of Care Through Art, Rhoda Rosen, Amanda Leigh Davis
University of Miami International and Comparative Law Review
No abstract provided.
The Uneven Legal Geographies Of Nutrition Entitlement Programs In The United States. Realizing Or Hindering The Right To Food?, Joshua Lohnes, Mackenzie Steele
The Uneven Legal Geographies Of Nutrition Entitlement Programs In The United States. Realizing Or Hindering The Right To Food?, Joshua Lohnes, Mackenzie Steele
University of Miami International and Comparative Law Review
Unlike many countries across the world, the United States government does not formally recognize the Right to Food in law. However, it funds and administers nutrition entitlement programs that play a significant role in mitigating hunger and food insecurity across the country. Reflecting on the socio-political dynamics that shape the legal spaces of nutrition entitlement in different places, this Article explores the uneven geographies of the Right to Food in two other countries (South Africa and Ecuador) and then turns its focus to the United States. This Article offers an overview of the two most extensive nutrition entitlement programs (SNAP …
Why Florida Municipalities Should Not Resort To Rent Control: A Comparative Analysis And Alternative Solutions, Talya Pinto
Why Florida Municipalities Should Not Resort To Rent Control: A Comparative Analysis And Alternative Solutions, Talya Pinto
University of Miami International and Comparative Law Review
This Note addresses the increasing rent problem in Florida, explains why rent control is not the best solution, and suggests alternative remedies. Rent control refers to laws and regulations that control how much a landlord can increase the price charged to tenants to live in an apartment. Florida enacted a statute in 1977 that currently bans rent control in the state but has an exception in the case of a housing emergency. This exception allows local governments to put a one-year rent control ordinance to a public vote. Orange County, Florida, recently declared a housing emergency and had residents vote …
Revamping Green Securitization Frameworks In The Eu, Samuel Pinson
Revamping Green Securitization Frameworks In The Eu, Samuel Pinson
University of Miami International and Comparative Law Review
Sustainable finance and green investments have grown from a trend to a dominant investment strategy throughout asset classes globally, and the EU is no exception. The EU published its Green New Deal and Sustainable Finance Strategy as roadmaps toward a more sustainable and equitable future. The twin reports contain comprehensive plans and initiatives to make sustainable finance more accessible through effective regulation. Stemming from those initiatives were various regulatory frameworks such as the EU Taxonomy, the Corporate Sustainability Reporting Directive, the Sustainable Finance Disclosure Regulation, and the EU Green Bond Standard. The regulations above are aimed at everything from public …
Sacred Nutrition: Asserting Indigenous Sovereignty And Rights Of Women And Nature To Ensure The Right To Food In The United States, Mariana Chilton, Phd, Mph
Sacred Nutrition: Asserting Indigenous Sovereignty And Rights Of Women And Nature To Ensure The Right To Food In The United States, Mariana Chilton, Phd, Mph
University of Miami International and Comparative Law Review
This Paper is a provocation to move beyond a standard human rights and right to food framework to encourage scholars, activists, and political leaders to engage in full throttle societal transformation. Ending hunger in the United States demands nothing less. The modern human rights framework is enshrined in the modern nation-state system that is rooted in the transatlantic slave trade, colonization, and genocide.1 Three primary ways in which these roots took hold were through land theft, rape, and starvation. Hence, to assert that integrating the right to food and freedom from hunger into nation-state constitutions or into national plans to …
Food, Housing, And Racial Justice Symposium, Denisse Córdova Montes, Tamar Ezer, Photini Kamvisseli Suarez, Katherine Murray, Julian Seethal, Mackenzie Steele, Sarah Walters
Food, Housing, And Racial Justice Symposium, Denisse Córdova Montes, Tamar Ezer, Photini Kamvisseli Suarez, Katherine Murray, Julian Seethal, Mackenzie Steele, Sarah Walters
University of Miami International and Comparative Law Review
No abstract provided.
Prevent Phishy Business: Comparing California’S And The United Kingdom’S Age-Appropriate Design Code To Protect Youth From Cybersecurity Threats, Morgan Comite
University of Miami International and Comparative Law Review
Cybersecurity is the safeguarding of computer systems and networks against information disclosure, theft, or damage to users’ hardware, software, or electronic data, as well as disruption or misdirection of the services computers and networks provide. Knowing privacy would be breached due to the impact of COVID, in 2020, the United Kingdom got ahead of the game and passed rules/regulations requiring online services to protect children under the age of eighteen from scams, phishing, and security attacks. However, currently, the United States does not have a sufficient uniform privacy law governed to protect children under the age of eighteen from cybersecurity …
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
Markets, Regulation, And Inevitability: The Case For Property Rights In Outer Space, Eliot T. Tracz
Markets, Regulation, And Inevitability: The Case For Property Rights In Outer Space, Eliot T. Tracz
University of Miami International and Comparative Law Review
In 1967, a number of countries—including the United States— entered into the Outer Space Treaty. This treaty established the fundamental rules by which countries are to conduct themselves in outer space. At the time, there was more concern about the possibility of the Cold War, and thus nuclear weaponry, extending into space and very little consideration of commercial activity, which was largely the province of Science Fiction. Today, commercialization of space includes satellites, private companies contracting for government work, space tourism, and the early stages of testing materials for resource extraction. Interestingly, no international system for the recognition of property …
Rising Tide: The Second Wave Of Climate Torts, Maximillian Scott Matiauda
Rising Tide: The Second Wave Of Climate Torts, Maximillian Scott Matiauda
University of Miami International and Comparative Law Review
Fossil fuels and tobacco products share startling similarities. Both enjoy ubiquity, enable their users to keep pace with the ever-increasing demands of civilization, and choke the life out of those who partake and those who merely look on. The comparison extends to legal battles against their respective industries, as evidenced by a new wave of tort litigation in the federal courts of the United States. In a time where climate change was still establishing consensus, states took up the charge against tobacco companies who had successfully defended against private lawsuits over the deleterious health effects of tobacco. Those suits culminated …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
What The United States Could Learn From Norway: Training Police Officers To Be Social Workers, Not Warriors, Liana Brown
What The United States Could Learn From Norway: Training Police Officers To Be Social Workers, Not Warriors, Liana Brown
University of Miami International and Comparative Law Review
This note compares the training of police officers and its consequential effects in the United States versus that of Norway. In the United States, the lack of national training standards, in conjunction with an emphasis on technical skills and weaponry, has further perpetuated the “Warrior mindset.” The “Warrior mindset” reflects the rhetoric that officers are akin to combatants in a war, in which they have a duty to safeguard the rest of civilization against criminals that can strike at any moment. Contrastingly, the training programs for police officers in Norway include a consolidated and robust three-year education program that emphasizes …
Hungary, Poland, And Access To Eu Funding: The Eu Charts A New Course Under The Necessity Of Legislation, Conditionality, And The Rule Of Law., Blake S. Rutherford
Hungary, Poland, And Access To Eu Funding: The Eu Charts A New Course Under The Necessity Of Legislation, Conditionality, And The Rule Of Law., Blake S. Rutherford
University of Miami International and Comparative Law Review
In recent years, there has been considerable backsliding in Hungary and Poland regarding the rule of law, media plurality, judicial independence, and emergency powers. In response, the European Union (“EU”) exercised its authority under Article 7 of the Treaty of the Functioning of the European Union to withhold COVID-19 relief funds in an effort to compel these nations to realign with EU principles. This article examines the history, consequence, and legal effect of the landmark decision, Hungary v. Parliament and Council. It argues that the EU was on sound legal footing to utilize money as a means to protect …
Detinue And Replevin: Arresting Children To Enforce Private Parenting Orders In New Zealand Family Court, Carrie Leonetti
Detinue And Replevin: Arresting Children To Enforce Private Parenting Orders In New Zealand Family Court, Carrie Leonetti
University of Miami International and Comparative Law Review
This Article argues that the seizures of children authorized by the New Zealand Care of Children Act to enforce private custody orders are unlawful and unjustifiable arrests. These seizures lack in either the substantive limitations of necessity or the procedural protections that should attach to such an intrusive and violent restriction on children’s liberty. It argues that their issuance violates children’s rights under the New Zealand Bill of Rights Act 1990 and international human rights law. It canvasses the history of these arrest provisions and argues that they function as a mechanism for detinue and replevin of children, harkening back …
Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine
Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine
University of Miami International and Comparative Law Review
This note compares the short-term benefits and long-term consequences of emergency powers using examples from several countries and offers solutions to mitigate those consequences. Historically, emergency powers were only granted in times of true crises. In those circumstances, emergency powers can serve an important purpose: to help the government run smoothly and efficiently. Unfortunately, permanent power grabs are now more common and the standard for what constitutes an emergency has weakened severely, often resulting in civil rights infringements. Possible solutions to this problem include understanding the negative effects of sunset clauses in emergency acts, increased awareness of manufactured emergencies, encouraging …
Compassion Fatigue In An Infodemic: A Physician’S Duty To Treat In The Age Of Misinformation, Alessandra Perez
Compassion Fatigue In An Infodemic: A Physician’S Duty To Treat In The Age Of Misinformation, Alessandra Perez
University of Miami International and Comparative Law Review
This Note considers how misinformation has exacerbated the COVID-19 pandemic and the inevitable burden it has placed on the healthcare industry. It explores the intersection between a doctor’s oath of ethics and their right to refuse care by uncovering the obligations that guide their decisions. Justice dictates that physicians provide care to all who seek it, and it is unconstitutional for a physician to refuse to treat patients based on race, ethnicity, gender, religion, or sexual orientation. Even if a patient’s request is antithetical to a physician’s personal beliefs, the unwavering duty to treat generally mandates that physicians treat any …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam
The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam
University of Miami International and Comparative Law Review
This Article discusses the impact of COVID-19 on domestic violence and digital abuse around the world, with a focus on the United States. Violence against women has increased since the start of the pandemic largely due to lockdown restrictions and other measures taken by governments to slow the spread of the virus. Further, with an increase in the use of technology throughout our daily lives, digital abuse has become more prevalent and particularly impacts women and girls. This paper analyzes the national action plans on gender-based violence in Australia and South Africa and explores how the United States can create …
Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu
Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu
University of Miami International and Comparative Law Review
Over the last centuries, the view on the death penalty in Qing China has been distorted, presenting a picture of abusive brutality and excessive cruelty, and thus was used as the critical pretext to establish immune extraterritorial jurisdictions. Nevertheless, the existing comments are more literary embellishments without empirical evidence, and few comparative and historical perspectives have been utilized to clarify the truth. In this study, we mined annual death sentence numerical data for the period 1744 to 1840 from official archives and literatures, deciphering the capital crimes in detail and ascertaining the longitudinal trend with population statistics. To reassess the …
Masthead
University of Miami International and Comparative Law Review
No abstract provided.