Law Commons^™

Publicly Traded Justice, Samuel Ludington

University of Miami Business Law Review

Private prisons, like hotels, are most profitable when they are at maximum occupancy and their guests stay for longer periods of time. Because the business-model for private prisons is predicated on incarceration rates dictated by public policy, one would presume that private prison corporations expend great resources to advocating for stricter criminal laws and sentencing. This note explores the role of political lobbying and campaign contributions of private prison corporations to see if a correlative relationship exists between their advocacy and stricter crime laws. Part I of the note provides a history of private prisons in America and explores the …

Regulation Best Interest: Is The Sec Finally Choosing Main Street Over Wall Street?, Ana Marcos

University of Miami Business Law Review

No abstract provided.

Analysis Of Section 230 Under A Theory Of Premises Liability: A Focus On Herrick V.Grindr And Daniel V. Armslist, Kassandra C. Cabrera

University of Miami Business Law Review

Section 230 of the Communications Decency Act (“CDA”) has been held to give online service providers acting as interactive computer services sweeping immunity for content posted on their platforms. The intention behind the creation of Section 230 was not to immunize online service providers from all liability. Rather, Section 230 was enacted to protect online intermediaries acting as “Good Samaritans” – those who made “good faith” efforts to restrict unlawful or harmful content, but due to the breadth of the internet and advancements in technology over or under-filtered content on their platforms. This note outlines an approach for courts to …

Ftc Enforcement Authority In The Modern Era: A Commission In Crisis?, Brandon Mantilla

University of Miami Business Law Review

This note provides a brief history of the Federal Trade Commission (FTC)’s enforcement authority before analyzing the U.S. Court of Appeals for the seventh Circuit’s circuit-splitting decision in FTC v. Credit Bureau Center, LLC. As the Supreme Court prepares to tackle questions surrounding authority to seek monetary relief, I contextualize how enforcement authority has historically been derived before analyzing how the issue may be resolved. Doing so involves engaging several cases that may prove consequential in determining the outcome and outlines potential legislative solutions to the battle over restitution. Before arriving at the most likely scenarios, a view of the …

Proving Economic Loss For In-And-Out Traders In Light Of First Solar, Daniel Roy Settana Iii

University of Miami Business Law Review

Federal courts have grappled with the issue of whether or not to include in-and-out traders in federal securities class action lawsuits. One set of courts has excluded in-and-out traders on the grounds that they could not prove loss causation, while another set of courts has included in-and-out traders because of the possibility that they could prove that they had suffered a loss. In Mineworker’s Pension Scheme versus First Solar, Inc., the Ninth Circuit recently addressed what should be the correct standard for loss causation. While the Ninth Circuit’s decision resolved its own intra-circuit split, the Court’s decision widened an already …

The Occ Fintech Charter And The Bank Holding Company Act, Lauren Bomberger

University of Miami Business Law Review

The definition of a bank under the Bank Holding Company Act of 1956 (“BHCA”) has changed several times since the statute was first enacted. Congress has identified a number of underlying rationales for applying the BHCA to certain entities thus necessitating a change in the definition. Recent innovations in technology, however, have made it challenging to adapt the U.S. financial regulatory regime to these advances, particularly for the financial technology (“FinTech”) industry. The Office of the Comptroller of the Currency’s (“OCC”) FinTech charter is one example of an attempt by a U.S. financial regulator to grapple with emerging technologies in …

Good Corporate Governance Policies And Disclosure Mechanisms In Startup Companies, Yahel Kaplan

University of Miami Business Law Review

In the past decades, particularly following the collapse of huge corporation such as WorldCom and Enron due to dubious or illegal financial management, countries began gradually increasing the oversight of publicly traded companies with few jurisdictions conjuring recommended corporate governance codes (RCGC) to ensure sufficient oversight, reduce manager’s ability to loot their companies, and ensure that shareholders’ and stakeholders’ interests are monitored effectively by companies. While RCGC was intended namely for public company, several organizations called for the adoption of RCGC in startup companies. Startup companies suffer from various failures which the classic corporate laws are not equipped to address …

Lessons For Today By The Deregulation Of Yesteryear: Analyzing Modern Capital Market Deregulation With Historical Examples, Jordan J. Saddoris

University of Miami Business Law Review

Financial market regulators in the US have proposed cutting down their own rulebooks in recent years. However, when it comes to deregulating modern capital markets, the outcomes of historical alterations of similar natures should serve as lessons in what works and what doesn’t. This comment analyzes three modern-day proposals to deregulate US financial markets, using historical actions to argue for the likely efficacy of each.

Indiana Law’S Lubin, Sun Help Advise Kosovo Government On Country’S Cybersecurity Act, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Non-Consensual Condom Removal In Canadian Law Before And After R. V. Hutchinson, Lise Gotell, Isabel Grant

Dalhousie Law Journal

This paper examines the phenomenon of non-consensual condom removal (NCCR) and its relationship to sexual assault in Canada. Using empirical studies and the insights of feminist theory, we explore the nature of the harms caused by NCCR and contend that this pervasive practice constitutes sexual assault. We then critique the decision of R v Hutchinson, which held that condom sabotage does not negate subjective consent, ignoring the dignitary harms of NCCR. While lower court decisions before Hutchinson recognized that consent to sex with a condom does not include consent to sex without, courts after Hutchinson have struggled to distinguish the …

Equal, But Only Conceptually: Explaining The Phenomenon Of Religious Losses In Contemporary Canadian Constitutional Cases Involving Conflicting Rights, Mike Madden

Dalhousie Law Journal

If there is no hierarchy of rights in Canada, then why does freedom of religion so often seem to lose in cases of conflicts with other rights? This article discusses five recent Canadian cases (involving same-sex marriages, controversial medical practices, the wearing of a niqab, and a Christian university’s sexual conduct policy) in order to expose how the courts regularly characterize freedom of religion as being conceptually equal to other rights, before ruling against freedom of religion on the facts of the particular cases. This phenomenon within Canadian rights jurisprudence is then justified within the article by reference to a …

Steve Turley, An Individual, Plaintiff/Appellee V. Trudy J. Childs, Individually And As Trustee Of The Trudy J. Childs : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Ruling and Order entered by the Fourth Judicial District Court, Honorable Christine S. Johnson

Barry N. Johnson, Daniel K. Brough, Ryan M. Merriman, Counsel for. Appellants

Craig Carlile, Brent D. Wride, Counsel for Appellee

Canada’S Right-Wing Extremists: Mapping Their Ties, Location, And Ideas, Bessma Momani, Ryan Deschamps

Journal of Hate Studies

Canada has often been seen as a progressive country that is welcoming to immigrants, promotes multiculturalism, and generally as a kind and tolerant society. This study used a two-month close examination of Canada’s RWE online presence surrounding the 2019 federal election. Using social network analysis, this study fills a needed empirical gap in current understanding of this network that are known to produce and sustain domestic terrorism and extremist hate crimes in Canada. Then using both discourse and correspondence analysis, we find that Canada’s Right-Wing Extremists (RWEs) galvanize around the following key ideas: leftist-propensities towards violence, projecting especially views against …

Kenneth S. Stern’S, The Conflict Over The Conflict: The Israel/Palestine Campus Debate [2020 Toronto And Buffalo: The New Jewish Press/University Of Toronto Press. $29.95], Steven Leonard Jacobs

Journal of Hate Studies

The Conflict Over the Conflict is an important contribution to the overall literature regarding the (seeming) turmoil on many of our college and university campuses—but not all, including my own where controversial issues surface rarely if at all—vis-à-vis the Israel/Palestine conflict, free speech and controversial speakers, and the like. Stern brings to the discussion not only his lawyerly training and his skill set, but, as of late, his directorship of the academic Bard College Center for the Study of Hate and thus combining both with a singular focus. Even more importantly, perhaps, his firm commitment to the campus as the …

Analysis Of Hate Crimes In Transgender Communities, Jane Gauthier, Kevin Medina, Carly Dierkhising

Journal of Hate Studies

Research shows that the LGBTQ population is disproportionately affected by hate crimes and those against transgender individuals are especially violent. Given the considerable underreporting of these crimes, better insight into the victimization experiences and reasons for underreporting is necessary to improve the safety of the transgender community and secure necessary services for these victims. The current study takes a community-based participatory research (CBPR) approach by creating and utilizing an Advisory Board made up of service providers in the transgender community in Los Angeles, to assist in the development of a survey instrument and focus group questions and provide venues for …

Religious Persecution & Oppression: A Study Of Iranian Baha’Ís’ Strategies Of Survival, Naghme Naseri Morlock

Journal of Hate Studies

Members of the Baha’í faith in Iran have been ongoing targets of systematic oppression, persecution, and extreme hate since the religion was founded in 1844. Despite there being a large diaspora as a consequence of their persecution, Baha’ís remain a thoroughly underexplored population in the field of hate studies, in addition to being neglected in most other fields as well. The Baha’ís’ experiences and unique positionality as ethnic insiders and religious outsiders in their home country provide important and distinctive insights into their survival and response strategies in the face of violence, trauma, and persecution. Drawing on fifty in-depth interviews …

Domestic Terrorist Acts As Cultural Texts: A Pentadic Analysis, A. J. Grant, Guy Philbin

Journal of Hate Studies

Former British Prime Minister Margaret Thatcher once said that publicity is the oxygen of terrorism. It is our position that mass-mediated terrorism, white supremacy, and doctrines of racial superiority that justify discrimination, segregation, domination, and even extermination of persons of color should be deprived of the oxygen of publicity. At the same time, we believe that analysis, discussion, confrontation, and condemnation of terrorism and hateful ideologies is painful but necessary. The hate speech and radical ideologies of today’s web-based terrorists reach far beyond traditional means of communication. The purpose of this paper is to use Kenneth Burke’s pentad to analyze …

What We Don’T Know About Intellectual Property: A Comparative Review Of Intellectual Property In The United States And Afghanistan, Zamira Saidi

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Performance Assessment Of Some Phishing Predictive Models Based On Minimal Feature Corpus, Orunsolu Abdul Abiodun, Sodiya A.S, Kareem S.O, Oladimeji G. B Mr.

Journal of Digital Forensics, Security and Law

Phishing is currently one of the severest cybersecurity challenges facing the emerging online community. With damages running into millions of dollars in financial and brand losses, the sad tale of phishing activities continues unabated. This led to an arms race between the con artists and online security community which demand a constant investigation to win the cyberwar. In this paper, a new approach to phishing is investigated based on the concept of minimal feature set on some selected remarkable machine learning algorithms. The goal of this is to select and determine the most efficient machine learning methodology without undue high …

Cost Structures In American Commercial Banks Under $10 Billion: Trend Analysis With Policy Considerations, Thomas Stucker

University Honors Program

Cost structures in the banking have historically been a point of study for economists, but many existing economies of scale studies use highly restricted samples. I compiled quarterly data from 2002-2020 from the Federal Financial Institutions Examination Council’s Uniform Bank Performance Report to estimate the relationship between bank size (measured by total assets) and bank overhead (noninterest) expense for US banks under $10 billion in total assets. I included a continuous time trend as well as binary time variables for the 2008 recession period and the post-Dodd-Frank era in a multiple linear regression model. My estimation found statistically significant evidence …

Rearguard Or Vanguard? A New Look At Canada’S Constitutional Act Of 1791, Philip Girard

Articles & Book Chapters

The Constitutional Act 1791, which provided representative governments to Upper and Lower Canada, has often been regarded as a reactionary document. Here, a comparison with the constitutions of the eastern colonies of British North America as well as the pre-revolutionary constitutions of the Thirteen Colonies reveals a variety of ways in which the 1791 Act was more liberal and more committed to the popular element of the constitution than its comparators. The significance of the statutory form of the 1791 Act is emphasised and contrasted with the much less secure position of the popular element under prerogative constitutions. Significant concessions …

Obligations In A Global Health Emergency - Authors' Reply, Ezekiel J. Emanuel

Sturm College of Law: Faculty Scholarship

No abstract provided.

Corporate Accountability In Transitional Justice: Reflections On An Ongoing Social Lab (Roundtable), Tatiana Devia, Avery Kelly, Kaushik Sunder Rajan

Biennial Conference: The Social Practice of Human Rights

This roundtable describes and reflects upon the Corporate Liability and Sustainable Peace (CLASP) Lab, a “social lab” convened to advance corporate accountability in post-conflict and transitional justice settings around the world. Launched in February 2021, the CLASP Lab is a virtual forum in three languages, bringing together more than 40 lawyers and community activists from 25 countries in Latin America, Africa and the Middle East to share experiences and devise strategies for holding corporations accountable for human rights violations, as part of processes of transitional justice.

The Shortcomings Of Corporate Accountability In Post-Conflict Colombia: Land, Rivers And Animals, Isabella Ariza Buitrago, Luisa Gomez Betancur

Biennial Conference: The Social Practice of Human Rights

Although the notion of sustainable peace requires acknowledging the role played by all actors, transitional processes around the world have inadequately addressed or completely ignored the direct and indirect participation of economic actors. In particular, Colombia's transitional justice regime left out corporations entirely. A skillshare between Colombian lawyers and US-based human rights attorneys showed some of the gaps that let corporations continue in impunity for profiting, benefiting from, or directly financing the conflict. Other than harming and deeply fracturing communities, the shortcomings of corporate accountability in post-conflict Colombia also leave land, rivers, and animals without redress. This paper explores some …

Documenting Human Rights Violations: An Analysis Of Press Reporting On The Mexican Disappearance Crisis, Maria Terra, Yolanda Burckhardt

Biennial Conference: The Social Practice of Human Rights

The global pandemic has transformed many structures, including the way in which human rights academics and practitioners carry out their work. This project is an example of human rights research using methods that can be applied remotely from any part of the world, and even replicated in other contexts or experiences.

The initiative is one of the projects from the Observatory on Disappearances and Impunity in Mexico led by Barbara Frey (University of Minnesota), Leigh Payne (Oxford University), and Karina Ansolabehere (UNAM-México), focused on the enforced disappearances crisis occurring in Mexico. The work included an extensive database created by coding …

Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih

Archived Theses and Dissertations

One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …

Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch

Archived Theses and Dissertations

The detention of migrants and asylum-seekers on administrative grounds is common practice in Germany and Austria. Administrative detention in migration settings mainly aims at facilitating deportation procedures but can also lead to deterrence. A definition for deterrence in pre-deportation detention settings is developed in this paper and applied to three German and three Austrian court cases. In this way, it is possible to show how deterrence occurs and what it looks like. Broad discretionary powers and insufficient training for law enforcement agents, such as the immigration police, as well as vague standards and procedures, play a role in the occurrence …

Durable Solutions For Stateless Persons In Egypt, Kelly Mcbride

Archived Theses and Dissertations

This piece focuses on stateless persons outside their country of origin/habitual residence who are now in Egypt. A number of stateless persons have been detained because of their illegal entry into Egypt, and because of their lack of deportability, their detention becomes indefinite. There are also a number of stateless persons who are not under the protection of the UNHCR Cairo living in Cairo, who are at risk of indefinite detention because of their lack of documentation. This is a critical analysis of the UNHCR's role in implementing their mandate, and also an understanding that ultimately it is up to …

Defining The End Of New Wars, Jeroen Jansen

Archived Theses and Dissertations

New wars are defined by their innate disposition to blur distinctions and human rights violations while structurally undermining the enjoyment of human rights. These wars are self-fueling human rights cataclysms that destroy society and its social contract by blurring the distinction between government, army and people. These characteristics prolong into what is perceived as post-conflict and blur the distinction between war and peace. The lack of acknowledgment and understanding of these characteristics among the actors who provide relief and seek resolution to the conflict undermines the effectiveness of their actions and the coordination among them resulting in aid gaps. The …

Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir

Archived Theses and Dissertations

The recognition and protection of the right to strike have seen huge developments since the beginning of the twentieth century. The traditional basis upon which this right was based on the international arena and in national jurisdictions is one that views the right to strike as an essential tool in the hands of workers and their representative organizations to strengthen their bargaining power against employers, which means that the right to strike is one of economic and social rights enjoyed by humans in their capacity as workers. Yet, there are calls for widening the basis of recognition of this right …