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Articles 1 - 22 of 22

Full-Text Articles in Law

Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson Nov 1982

Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson

University of Miami Law Review

No abstract provided.


Legitimacy For The Florida Midwife: The Midwifery Practice Act, Katherine Simmons Yagerman Nov 1982

Legitimacy For The Florida Midwife: The Midwifery Practice Act, Katherine Simmons Yagerman

University of Miami Law Review

The rite of childbirth once belonged to the mother and her midwife, a companion and attendant interned in the mysteries of human birth. Modern medicine usurped that position, replacing the midwife with the professional physician. The author traces the journey of the midwife to her present status as a legitimate source of obstetrical care and examines the Florida Legislature's recent enactment of the Midwifery Practice Act.


Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond Nov 1982

Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond

University of Miami Law Review

Social, economic and legal factors have contributed to the success of ticket scalpers. Recently enacted unfair trade practices laws now provide courts with the means to regulate scalping and to provide effective redress for aggrieved consumers


The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani Sep 1982

The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani

University of Miami Law Review

No abstract provided.


A Critical Analysis Of Refugee Law, Ira J. Kurzban Sep 1982

A Critical Analysis Of Refugee Law, Ira J. Kurzban

University of Miami Law Review

A review of immigration law and history reveals that the United States admits large numbers of refugees from communist countries, but grants entrance to a disproportionate few from noncommunist states. The author interprets these figures to mean that the government uses the refugee admissions process as a ploy to accomplish political objectives. This article exposes the inequity in the admissions process by examining the legislative and executive responses to the refugee problem. Although many had hoped that the Refugee Act of 1980 would eliminate the political bias in refugee policy, the author suggests that the Act, in fact, institutionalizes preexisting …


Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner Sep 1982

Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner

University of Miami Law Review

The author discusses the legal status of the "refugee" under two decades of American and international law. After reviewing the implications of the United States accession to the 1967 Protocol Relating to the Status of Refugees, the Refugee Act of 1980, and current proposals for reform in the refugee/asylum area, he concludes that the Simpson-Mazzoli bill, with several major modifications, would be the most equitable approach to dealing with the present refugee and asylum problems.


America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow Sep 1982

America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow

University of Miami Law Review

The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the Immigration and Naturalization Service is understaffed and overworked. To remedy these problems, the author suggests that Congress enact legislation that is practical and internally consistent. He also proposes the formation of a review agency that will impartially analyze and recommend immigration policy.


Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick Sep 1982

Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick

University of Miami Law Review

No abstract provided.


Immigration Law And The Illusion Of Numerical Control, John A. Scanlan Sep 1982

Immigration Law And The Illusion Of Numerical Control, John A. Scanlan

University of Miami Law Review

No abstract provided.


Panel Discussion Sep 1982

Panel Discussion

University of Miami Law Review

No abstract provided.


Vested Seniority Rights: A Conceptual Approach, Francis A. Citera Jul 1982

Vested Seniority Rights: A Conceptual Approach, Francis A. Citera

University of Miami Law Review

Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.


The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman Jul 1982

The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman

University of Miami Law Review

The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.


A Reexamination Of The Agency Doctrine Of Election, Mark A. Sargent, Arnold Rochvarg May 1982

A Reexamination Of The Agency Doctrine Of Election, Mark A. Sargent, Arnold Rochvarg

University of Miami Law Review

The Restatement (Second) of Agency and several states provide that a third party suing an undisclosed principal and his agent must elect to take judgment against one, releasing the other from further liability. In contrast, when the existence of a principal but not his identity is disclosed at the time of agreement, a court may enter judgment against both the partially disclosed principal and his agent, releasing neither until the judgment is satisfied. The authors examine the theories and case law supporting the election doctrine in the light of public policy favoring complete disclosure. The authors conclude that a rule …


Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin May 1982

Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin

University of Miami Law Review

This article surveys the safe port and berth provisions that typically are found in charter party agreements. The author argues that courts and arbitrators often interpret these provisions unpredictably and inconsistently, creating uncertainty in maritime transactions. The author concludes by proposing a solution to this problem and offers a model safe berth provision that the parties to a charter should incorporate into their agreement.


Agent Orange And The Government Contract Defense: Are Military Manufacturers Immune From Products Liability?, William J. Blechman May 1982

Agent Orange And The Government Contract Defense: Are Military Manufacturers Immune From Products Liability?, William J. Blechman

University of Miami Law Review

Courts are unwilling to impose products liability on government contractors, particularly during wartime. If a contractor nonnegligently performs a government contract according to specifications provided by the government, then it will be absolved from liability to third parties. This Comment discusses the elements of, and prudential justifications for, this "government contract defense." After examining the relationship between the government contract defense and the doctrine of sovereign immunity, the Comment concludes that the defense is necessary to preserve the government's discretionary authority over military procurement.


The Tax Benefit Rule: Recovery Reevaluated, Paul T. Kestenbaum May 1982

The Tax Benefit Rule: Recovery Reevaluated, Paul T. Kestenbaum

University of Miami Law Review

The United States Supreme Court has granted certiorari in two cases, Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner, to resolve a conflict in the circuits as to whether recovery is necessary for the application of the tax benefit rule. The author argues that the application of the tax benefit rule should not depend on the existence of a recovery, but instead should depend on whether an event occurs that is inconsistent with the assumptions underlying the prior deduction; recovery merely is a manifestation of an inconsistent event.


In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert May 1982

In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert

University of Miami Law Review

In Polk County v. Dodson, the United States Supreme Court held that a public defender does not act under color of state law "when performing a lawyer's 'traditional functions' as counsel to a defendant in a criminal proceeding." The Court formulated a "functions" test to distinguish cases holding that public defenders act under color of state law when performing administrative tasks or when engaging in nontraditional or criminal acts. The author questions the Court's marked curtailment of indigents' access to federal courts when alleging ineffective representation by public defenders under 42 U.S.C. § 1983. Moreover, the author concludes that …


The Antitrust Implications Of The Denial Of Hospital Staff Privileges, William R. Drexel Jan 1982

The Antitrust Implications Of The Denial Of Hospital Staff Privileges, William R. Drexel

University of Miami Law Review

Hospitals monitor the quality of patient care by controlling physician access to hospitals and their facilities. Physicians denied staff privileges may claim that the hospital's limitation on access represents a concerted refusal to deal-a violation of the Sherman Act. In this article, the author examines the allegedly anticompetitive practices of hospitals and concludes that the hospitals' concerted refusal to deal may be permitted as a legitimate means of self-regulation by professionals


Lassiter V. Department Of Social Services: The Right To Counsel In Parental Termination Proceedings, Eric Buerman Jan 1982

Lassiter V. Department Of Social Services: The Right To Counsel In Parental Termination Proceedings, Eric Buerman

University of Miami Law Review

In Lassiter v. Department of Social Services, the Supreme Court of the United States held that due process mandates only a case-by-case analysis for determining when a court should appoint counsel for an indigent parent in an action to terminate parental rights. The author analyzes Lassiter in relation to the historical development of an indigent's right to counsel in criminal and civil proceedings. The author argues that a case-by-case analysis is unlikely to afford adequate protection for a parent's right to child custody and is also inconsistent with the Supreme Court's previous decisions establishing an absolute right to counsel …


Santosky V. Kramer: Clear And Convincing Evidence In Actions To Terminate Parental Rights, Robert A. Wainger Jan 1982

Santosky V. Kramer: Clear And Convincing Evidence In Actions To Terminate Parental Rights, Robert A. Wainger

University of Miami Law Review

No abstract provided.


The Duty To Defend Clause In A Liability Insurance Policy: Should The Exclusive Pleading Test Be Replaced?, David A. Garbett Jan 1982

The Duty To Defend Clause In A Liability Insurance Policy: Should The Exclusive Pleading Test Be Replaced?, David A. Garbett

University of Miami Law Review

The author analyzes the insurer's duty to defend and the judicial dilemma in choosing between the exclusive pleading test and the factual test in the determination whether the duty exists in each of six possible fact paradigms. The author critically examines :he rationale underlying the selection of either test within each paradigm, and suggests a foundation upon which courts should base their resolution of the conflict.


Joint Registration Of Trademarks And The Economic Value Of A Trademark System, Patricia K. Fletcher Jan 1982

Joint Registration Of Trademarks And The Economic Value Of A Trademark System, Patricia K. Fletcher

University of Miami Law Review

No abstract provided.