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University of Miami Law School

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Articles 181 - 210 of 828

Full-Text Articles in Comparative and Foreign Law

The Rule Of Law Collaborative: A Center Of Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels Jan 2019

The Rule Of Law Collaborative: A Center Of Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels

Articles

No abstract provided.


Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald Dec 2018

Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald

University of Miami International and Comparative Law Review

State parties to the Rome Statute submit to the jurisdiction of the International Criminal Court (ICC). This permanent and autonomous Court tries individuals for heinous international crimes, including crimes against humanity (CAH). Crimes such as murder, imprisonment, or torture, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, are known as CAH. Under the Statute, national jurisdictions are primarily responsible for investigating and prosecuting those responsible for international crimes. So, before it can assert jurisdiction, the ICC must determine that a state party is unwilling or unable to prosecute …


A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc Dec 2018

A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc

University of Miami International and Comparative Law Review

No abstract provided.


A Room With A Brew: A Comparative Look At Homebrewing Laws In Japan & The United States, Christopher J. Fraga Jul 2018

A Room With A Brew: A Comparative Look At Homebrewing Laws In Japan & The United States, Christopher J. Fraga

University of Miami Law Review

Following the enactment of Prohibition, it took the United States almost four decades to legalize homebrewing. Subsequently, the nation experienced a booming interest in beer. And not just beer, but good beer. Drinkers found themselves invested in both quality and variety. This interest has matured into the craft beer industry. Even in holdover states, where state laws prohibited homebrewing far past 1979, the craft beer industry has experienced near exponential growth following the legalization of homebrewing. This has resulted in significant economic implications. Given these considerations, nations with restrictive homebrewing laws, like Japan, should consider easing them. When specifically applied …


The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak Jun 2018

The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak

University of Miami International and Comparative Law Review

No abstract provided.


Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly Jun 2018

Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly

University of Miami International and Comparative Law Review

No abstract provided.


Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro May 2018

Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents May 2018

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur May 2018

Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur

University of Miami Inter-American Law Review

No abstract provided.


Masthead May 2018

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents Feb 2018

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.


Masthead Feb 2018

Masthead

University of Miami International and Comparative Law Review

No abstract provided.


United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio Feb 2018

United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio

University of Miami International and Comparative Law Review

No abstract provided.


European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley Feb 2018

European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley

University of Miami International and Comparative Law Review

No abstract provided.


Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg Jan 2018

Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg

University of Miami Inter-American Law Review

No abstract provided.


Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen Jan 2018

Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen

University of Miami Inter-American Law Review

No abstract provided.


The Creation Of The Sierra Del Divisor National Park: The Conservation Of Foreign Investment In Peru, Or How A National Park Neglects To Fully Protect Natural Resources Or Indigenous Communities, Charles Short Jan 2018

The Creation Of The Sierra Del Divisor National Park: The Conservation Of Foreign Investment In Peru, Or How A National Park Neglects To Fully Protect Natural Resources Or Indigenous Communities, Charles Short

University of Miami Inter-American Law Review

No abstract provided.


The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger Jan 2018

The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger

University of Miami Inter-American Law Review

No abstract provided.


Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76), J. Janewa Osei-Tutu Oct 2017

Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76), J. Janewa Osei-Tutu

Articles

No abstract provided.


Comparative Defamation Law: England And The United States, Vincent R. Johnson Aug 2017

Comparative Defamation Law: England And The United States, Vincent R. Johnson

University of Miami International and Comparative Law Review

No abstract provided.


“Capitalist” Cuba: The Privatization Of The Cuban Economy And Its Unintended Consequences, Christopher Palomo Aug 2017

“Capitalist” Cuba: The Privatization Of The Cuban Economy And Its Unintended Consequences, Christopher Palomo

University of Miami International and Comparative Law Review

No abstract provided.


The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales Aug 2017

The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales

University of Miami International and Comparative Law Review

No abstract provided.


A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez Aug 2017

A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez

University of Miami International and Comparative Law Review

No abstract provided.


The Silencing Of Human Rights Activists In Egypt Post-Revolution, Jennifer Helmy Aug 2017

The Silencing Of Human Rights Activists In Egypt Post-Revolution, Jennifer Helmy

University of Miami International and Comparative Law Review

No abstract provided.


The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch May 2017

The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch

University of Miami Inter-American Law Review

In this article, I discuss a flaw in Brazilian civil procedure observed in my practice as a Federal Labor Judge in Brazil, an issue that may be addressed by limiting appellate review in a similar fashion as the American courts do, using standards of appellate review. In Brazil, appellate courts tend to ignore the lower court’s decisions, replacing them for the ruling they would have made had they been the original decision makers. A simple disagreement with the lower court’s findings of fact or discretionary rulings, no matter how reasonable, is sufficient grounds for reversal. The lack of standards of …


Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss May 2017

Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss

University of Miami Inter-American Law Review

Child labor and forced labor remain pervasive problems on Mexican farms. Millions of workers on these farms are forced to work and live in inhumane conditions, only to leave the season’s harvest just as poor as they were before. To date, human rights and labor treaties and agreements that Mexico is party to have failed to protect workers. In early 2016, however, negotiations on the Trans-Pacific Partnership (“TPP”) concluded and, if ratified, the party-countries claim that the TPP will hold Mexico to higher standards than previously faced because the TPP will link labor rights with trade law. However, this was …


“So Come Put On De Handcuff Dem”; Jamaica’S Dancehall Superstar’S Self-Fulfilling Prophecy Of Life In Prison, Amanda Preston May 2017

“So Come Put On De Handcuff Dem”; Jamaica’S Dancehall Superstar’S Self-Fulfilling Prophecy Of Life In Prison, Amanda Preston

University of Miami Inter-American Law Review

In the United States, it was O.J. Simpson. In South Africa, it was Oscar Pistorius. But in Jamaica, it was Adidjah Palmer. Labeled by many as the trial of the century, the case against Palmer—a dancehall superstar better known as Vybz Kartel—saw controversial rulings, immense media scrutiny, and an unprecedented level of public discourse. When the 39-year-old music artiste was sentenced to life in prison, the island’s 2.7 million population was divided among those who applauded with approval and those who wept and cried foul. The latter category claimed that it was not Palmer who was prosecuted, but rather his …


Investment Treaty Arbitration In Cuba, Rafael Cox Alomar May 2017

Investment Treaty Arbitration In Cuba, Rafael Cox Alomar

University of Miami Inter-American Law Review

Not since the fateful days of the 1962 Missile Crisis, has Cuba commanded as much global attention as it does today. The 2014 diplomatic rapprochement between the United States and Cuba, not only did away with the last vestiges of the Cold War in Caribbean waters, but more importantly has coincided with a period of acute ideological effervescence in Havana. Even in the face of President Raúl Castro’s resolute commitment to the principles of the 1959 Revolution, it is more than evident that Cuba is in the midst of a transformational moment. And perhaps in no other area of the …


Prefatory Matter And Table Of Contents Feb 2017

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi Feb 2017

A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi

University of Miami Inter-American Law Review

In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations arising …