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2009

University of Miami Law School

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Articles 1 - 30 of 89

Full-Text Articles in Law

Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson Oct 2009

Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson

University of Miami Inter-American Law Review

No abstract provided.


In Memoriam: Alan C. Swan, Judge Barzee Flores, Peter D. Lederer, Katja Simone Wuelfert, William Twining, Keith S. Rosenn, John .F. Murphy Oct 2009

In Memoriam: Alan C. Swan, Judge Barzee Flores, Peter D. Lederer, Katja Simone Wuelfert, William Twining, Keith S. Rosenn, John .F. Murphy

University of Miami Law Review

No abstract provided.


Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega Oct 2009

Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega

University of Miami Inter-American Law Review

No abstract provided.


Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick Oct 2009

Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick

University of Miami International and Comparative Law Review

No abstract provided.


Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka Oct 2009

Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka

University of Miami International and Comparative Law Review

No abstract provided.


A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison Oct 2009

A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison

University of Miami International and Comparative Law Review

No abstract provided.


The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk Oct 2009

The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk

University of Miami International and Comparative Law Review

No abstract provided.


Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira Oct 2009

Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira

University of Miami Inter-American Law Review

No abstract provided.


Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola Oct 2009

Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola

University of Miami Inter-American Law Review

No abstract provided.


Nafta Chapter 11-"Direct Effect" And Interpretive Method: Lessons From Methanex V. United StateS, Alan C. Swan Oct 2009

Nafta Chapter 11-"Direct Effect" And Interpretive Method: Lessons From Methanex V. United StateS, Alan C. Swan

University of Miami Law Review

No abstract provided.


Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz Jul 2009

Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz

University of Miami Business Law Review

No abstract provided.


Has Ebay Spelled The End Of Patent Troll Abuses? Paying The Toll: The Rise (And Fall?) Of The Patent Troll, Gregory D'Incelli Jul 2009

Has Ebay Spelled The End Of Patent Troll Abuses? Paying The Toll: The Rise (And Fall?) Of The Patent Troll, Gregory D'Incelli

University of Miami Business Law Review

No abstract provided.


Table Of Contents Jul 2009

Table Of Contents

University of Miami Law Review

No abstract provided.


Rough Waters For The Ratings Companies: Should The Securities Ratings Companies Be Held Liable For Investor Reliance In The Wake Of The Real Estate Meltdown Of 2007-2008?, Kristofor W. Nelson Jul 2009

Rough Waters For The Ratings Companies: Should The Securities Ratings Companies Be Held Liable For Investor Reliance In The Wake Of The Real Estate Meltdown Of 2007-2008?, Kristofor W. Nelson

University of Miami Law Review

No abstract provided.


Whether Building A New Sports Arena Will Revitalize Downtown And Make The Team A Winner, Brian P. Yates Jul 2009

Whether Building A New Sports Arena Will Revitalize Downtown And Make The Team A Winner, Brian P. Yates

University of Miami Business Law Review

No abstract provided.


Expanding Definition Of Monopoly Leveraging, Eun K. Chang Jul 2009

Expanding Definition Of Monopoly Leveraging, Eun K. Chang

University of Miami Business Law Review

No abstract provided.


The Quiet Metamorphosis: How Derivatives Changed The "Business Of Banking", Saule T. Omarova Jul 2009

The Quiet Metamorphosis: How Derivatives Changed The "Business Of Banking", Saule T. Omarova

University of Miami Law Review

No abstract provided.


The 2007 Private Equity Bust: Re-Contextualizing Material Adverse Change Clauses In A Credit-Stricken Market, Justin L. Browder Jul 2009

The 2007 Private Equity Bust: Re-Contextualizing Material Adverse Change Clauses In A Credit-Stricken Market, Justin L. Browder

University of Miami Law Review

No abstract provided.


Freefalling With A Parachute That May Not Open: Debtor-In-Possession Financing In The Wake Of The Great Recession, Jarrod B. Martin, Kristofor W. Nelson, Eric Rudenberg, Jonathan Squires Jul 2009

Freefalling With A Parachute That May Not Open: Debtor-In-Possession Financing In The Wake Of The Great Recession, Jarrod B. Martin, Kristofor W. Nelson, Eric Rudenberg, Jonathan Squires

University of Miami Law Review

No abstract provided.


The Ratings Game: Explaining Rating Agency Failures In The Build Up To The Financial Crisis, Kia Dennis Jul 2009

The Ratings Game: Explaining Rating Agency Failures In The Build Up To The Financial Crisis, Kia Dennis

University of Miami Law Review

No abstract provided.


The Crisis Without A Face: Emerging Narratives Of The Financial Crisis, Adam J. Levitin Jul 2009

The Crisis Without A Face: Emerging Narratives Of The Financial Crisis, Adam J. Levitin

University of Miami Law Review

No abstract provided.


Obama's Moral Capitalism: Resuscitating The American Dream, Mitchell F. Crusto Jul 2009

Obama's Moral Capitalism: Resuscitating The American Dream, Mitchell F. Crusto

University of Miami Law Review

No abstract provided.


U.S. Certified Claims Against Cuba: Legal Reality And Likely Settlement Mechanisms, Timothy Ashby Apr 2009

U.S. Certified Claims Against Cuba: Legal Reality And Likely Settlement Mechanisms, Timothy Ashby

University of Miami Inter-American Law Review

Misconceptions abound regarding U.S. certified claims against Cuba for properties taken by the Castro regime. Given the probability that the Obama administration may pursue a different Cuba policy than its predecessors, a realistic approach to resolution of the claims issue requires an objective understanding of the legal environment and options for settlement.


Mama Knows Best: Frazier V. Winn Says Do As You're Told!, Scott E. Byers, Freddy Funes, Allison V. Perez Apr 2009

Mama Knows Best: Frazier V. Winn Says Do As You're Told!, Scott E. Byers, Freddy Funes, Allison V. Perez

University of Miami Law Review

No abstract provided.


Two Years Of The First Amendment In The United States Court Of Appeals: The 2007 And 2008 Yin And Yang Over Speech And Punishment, Bruce S. Rogow Apr 2009

Two Years Of The First Amendment In The United States Court Of Appeals: The 2007 And 2008 Yin And Yang Over Speech And Punishment, Bruce S. Rogow

University of Miami Law Review

No abstract provided.


How Bromfield V. Mukasey Correctly Applied U.S. Immigration Law In A Victory For Civil Rights And A Scathing Rebuke Of Jamaica's Pervasive Homophobia, Michael D. Ford Apr 2009

How Bromfield V. Mukasey Correctly Applied U.S. Immigration Law In A Victory For Civil Rights And A Scathing Rebuke Of Jamaica's Pervasive Homophobia, Michael D. Ford

University of Miami Inter-American Law Review

No abstract provided.


The United States As Global Cop: Defining The 'Substantial Effects' Test In U.S. Antitrust Enforcement In The Americas And Abroad, Jordan A. Dresnick, Kimberley A. Piro, Israel J. Encinosa Apr 2009

The United States As Global Cop: Defining The 'Substantial Effects' Test In U.S. Antitrust Enforcement In The Americas And Abroad, Jordan A. Dresnick, Kimberley A. Piro, Israel J. Encinosa

University of Miami Inter-American Law Review

No abstract provided.


Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz Apr 2009

Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz

University of Miami Law Review

No abstract provided.


The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan Apr 2009

The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan

University of Miami International and Comparative Law Review

The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …


Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig Apr 2009

Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig

University of Miami International and Comparative Law Review

The United States and Canada two of the world's foremost modern, liberalized societies regularly combat an awkward and painful tension between free speech rights and the wellbeing of minors. Though there generally exists a consensus that child pornography represents a certain dark realm of material outside the oft-amorphous protections afforded speech, the establishment of an acceptable working definition of this criminal fodder has proven contentiously difficult. This paper explores each nation's struggles with this tension, through the lens of legislative efforts, judicial responses, and the productions that seem to perennially blur the line between art and crime. It is ultimately …