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Full-Text Articles in Law

The Howey Test: Are Crypto-Assets Investment Contracts?, Justin Henning Dec 2018

The Howey Test: Are Crypto-Assets Investment Contracts?, Justin Henning

University of Miami Business Law Review

With innovation always comes unknowns. Blockchain technology and crypto–assets are no different. Often times, innovators are so worried about getting their product to market or scaling at mass that they overlook the legal ramifications of their innovations. As Mark Zuckerberg infamously said, “move fast and break things.” Facebook was in no way alone in this style of innovation. However, with respect to crypto–assets, the SEC has stepped in and is attempting to prevent the “break things” aspect. One of the major issues relating to crypto–assets is that many people still do not understand what they are, or how the underlying …


The U.S. Law Regime Of Sovereign Immunity And The Sovereign Wealth Funds, Victorino J. Tejera Dec 2016

The U.S. Law Regime Of Sovereign Immunity And The Sovereign Wealth Funds, Victorino J. Tejera

University of Miami Business Law Review

This article is concerned with the applicability of sovereign immunity to the so-called sovereign wealth funds (“SWFs”) within the U.S. legal system. While sovereign immunity has existed for at least two centuries, SWFs and the types of investment activities they conduct on behalf of their parent foreign states are a rather recent phenomenon. As a result, the issue of the applicability of the rules on sovereign immunity to the SWFs poses novel legal challenges and difficulties. In a nutshell, this article is intended to answer the following questions: Are SWFs entitled to invoke sovereign immunity before U.S. courts? If so, …


Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr. Aug 2016

Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.

University of Miami Inter-American Law Review

This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …


Jones V. Harris Associates L.P.: The Search For Investor Protection Continues ..., Ryan Bollman, Mark Andreu Jan 2011

Jones V. Harris Associates L.P.: The Search For Investor Protection Continues ..., Ryan Bollman, Mark Andreu

University of Miami Law Review

No abstract provided.


Argentine Jurisprudence: Deltec Update, Michael Wallace Gordon Apr 1979

Argentine Jurisprudence: Deltec Update, Michael Wallace Gordon

University of Miami Inter-American Law Review

No abstract provided.


Negotiating With Latin American Governments: Technology Transfer & Service Agreements, Robert J. Radway Jun 1977

Negotiating With Latin American Governments: Technology Transfer & Service Agreements, Robert J. Radway

University of Miami Inter-American Law Review

No abstract provided.


Investment By Nonresident Aliens In United States Real Estate, Bruce Zagaris May 1977

Investment By Nonresident Aliens In United States Real Estate, Bruce Zagaris

University of Miami Law Review

The author reviews the current increased activity in and attractiveness of investment in United States real estate by nonresident aliens. The article discusses the various favorable and unfavorable aspects of such investment with emphasis on American and foreign tax laws, as well as other restrictions. Questions are raised and pitfalls are anticipated with awareness as the goal rather than a definitive answer to every question. The author concludes by discussing treaties and how their use can work to the substantial benefit of the foreign investor,


The Andean Code After Five Years, Roberto Dañino Oct 1976

The Andean Code After Five Years, Roberto Dañino

University of Miami Inter-American Law Review

No abstract provided.


Recent Developments Under The Mexican Foreign Investment Law And The Law Regulating The Transfer Of Technology, H. H. Camp Jr., C.A. Rojas Magnon Feb 1976

Recent Developments Under The Mexican Foreign Investment Law And The Law Regulating The Transfer Of Technology, H. H. Camp Jr., C.A. Rojas Magnon

University of Miami Inter-American Law Review

No abstract provided.