Law Commons^™

Editors' Foreword, Elizabeth Montano, Keelin Bielski, Maya Frucht

University of Miami Law Review

No abstract provided.

Access To Justice Through Technology: An Immigration Practitioner’S Perspective, Elizabeth Rieser-Murphy

University of Miami Law Review

No abstract provided.

What Can Technology Do To Increase Access To Justice?, Vanessa Butnick Davis

University of Miami Law Review

No abstract provided.

Professions And Expertise: How Machine Learning And Blockchain Are Redesigning The Landscape Of Professional Knowledge And Organization, John Flood, Lachlan Robb

University of Miami Law Review

Machine learning has entered the world of the professions with differential impacts. Automation will have huge impacts on the nature of work and society. Engineering, architecture, and medicine are early and enthusiastic adopters of automation. Other professions, especially law, are late and, in some cases, reluctant adopters. This Article examines the effects of artificial intelligence (“AI”) and Blockchain on professions and their knowledge bases. We start by examining the nature of expertise in general and the function of expertise in law. Using examples from law, such as Gulati and Scott’s analysis of how lawyers create (or don’t create ...

Breaches Within Breaches: The Crossroads Of Erisa Fiduciary Responsibilities And Data Security, Gregg Moran

University of Miami Law Review

Although the drafters of the Employee Retirement Income Security Act of 1974 (“ERISA”) likely could not have anticipated the data security issues of the twenty-first century, ERISA’s duty of prudence almost certainly requires employee benefit plan fiduciaries to protect sensitive participant data in at least some manner. This Article suggests the Department of Labor should issue a regulation clarifying fiduciaries’ data security obligations. Given that fiduciaries are in the best positions to recognize their plans’ individual security needs and capabilities, the regulation should not attempt to micromanage fiduciaries’ substantive data security policies; rather, it should focus on the procedures ...

Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas

University of Miami Law Review

Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs ...

The Privacy Hierarchy: A Comparative Analysis Of The Intimate Privacy Protection Act Vs. The Geolocational Privacy And Surveillance Act, Katherine A. Mitchell

University of Miami Law Review

The advent of the technological boom brought the world smartphones, social media, and Siri. These novel benefits, however, were accompanied by unchartered invasions of privacy. Congress has embarked on the seemingly endless path of protecting its constituents through civil and criminal legislation aimed at combatting such invasions. Two recent examples include the Intimate Privacy Protection Act (“IPPA”) and the Geolocational Privacy and Surveillance Act (“GPS Act”). Nonetheless, the IPPA, which was proposed to criminalize the dissemination of nonconsensual pornography, has garnered much less support—and much more criticism—than its geolocational counterpart.

This Note discusses the striking similarities of both ...

Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine

University of Miami Law Review

In 2009, the Indian government introduced a widespread biometric identification system called Aadhaar—a national scheme that issues Indian citizens and residents a unique identification number while collecting and storing their most personal biometric and demographic information. As the Aadhaar system was implemented and promoted in India, widespread concerns grew regarding the storage and protection of such private information. How can Indian citizens enforce and protect their privacy rights? In 2017, the Indian Supreme Court attempted to address this issue by holding that an individual’s right to privacy is an inherent part of the right to life and personal ...

1822 - Constitucion Politica De La Monarquia EspañOla, Promulgada En Cadiz El Dia 19 De Marzo De 1812 Con La Relacion De Lo Acaecido En EspañA Desde El Dia 1 De Enero Hasta ÚLtimos De Marzo Del AñO 1820

Miscellaneous Publications – Spanish

On March 19, 1812, during the Spanish War of Independence (1808−14), the Cortes of Cádiz promulgated the Constitution of the Spanish Monarchy. The liberal in character Constitution was the first constitution in Spain that established national sovereignty and the division of powers. King Fernando VII reigned for a short period in 1808, before being overthrown by Napoleon. In 1813, Fernando regained the throne at the conclusion of the war of independence. Fernando abolished the Constitution restoring absolute monarchical power. Fernando exercised this power until the end of his reign in 1833, except for the liberal three-year period of 1820 ...

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Documents and Reports

Writing principally about the portion of North America border on the Pacific Ocean between the 40^th and 54^th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent ...

1812 - Constitucion De Cádiz

Miscellaneous Publications – Spanish

The Constitution of the Spanish monarchy was also known as Spanish Constitution of 1812 or Constitution of Cadiz was in Cádiz on March 19, 1812. It has been granted great historical importance because it is the first Spanish Constitution. It remained officially in force for two years when it was repealed on May 4, 1814, although as late as 1820, allegiance to the 1812 Spanish Constitution was still being demanded. The Constitution of Cádiz among other things limited the power of the monarchy, the abolished feudalism, provided equality between Spanish born Spaniards and Americans, and ended the Spanish inquisition.

Revenue Embeddedness And Donation: A Framework For Exploring The Crowding In / Crowding Out Effects Of Earned Revenue, Jamie Levine Daniel

Law, Economics, & Business Workshop

No abstract provided.

The Actual Paradigm Of Freedom Of Movement In The Context Of Eu Migrants Rights, Elina Marinova, Elitsa Kumanova, Zornitsa Yordanova, Doroteya Dimova, Ivelin Velchev

International Journal of Business and Technology

The purpose of this paper is examination of the current dimensions of the freedom of movement of persons in the EU, which is a milestone in the construction of the European space. The refugee wave in the last decade, following the onset of the "Arab spring", has raised new questions about the rights and status of persons, who had left their countries because of military conflicts or civil wars and sought asylum in EU countries. Bulgaria has been unprepared to respond adequately to the protection of the EU's external border from illegal immigration and has rethought key issues such ...

The Impact Of Public Interest In The Information Privacy: Analyze Of The Ecthr Decisions, Jorida Xhafaj, Almarin Frakulli

International Journal of Business and Technology

The main object of this paper is the tender balance that exists and arises even more between the use of personal information that people provide in the course of most public security actions and privacy. This study analyze the most famous and strong related decision of the European Court of Human Rights, with the aim to give our opinion how has to be understand the barrier between the power of individuals over information and the power of public institutions to guaranties security.

The protection of personal data is of fundamental importance to a person’s enjoyment of his or her ...

The Right To Use The Albanian Language As An Official Language In Macedonia: The New Draft Law, Its Content, Advancement And Comparison, Bekim Kadriu, Ylber Sela

International Journal of Business and Technology

The use of Albanian language as official language in Macedonia has been a challenge especially after the Ohrid Framework Agreement (OFA) in 2001. Before 2001, Albanian language was defined as an official language and was used only in private matters as well in primary and secondary education. With the OFA and Constitutional changes in 2002, the language that is spoken by 20% of the population in the country was defined as an official language, but it’s application in practice was left to be regulated by e specific law. The law was adopted in 2008, 6 years after the constitutional ...

1821, The Plan Of Iguala

Mexican Government Documents

The Plan of Iguala also known as The Plan of the Three Guarantees ("Plan Trigarante"), was a revolutionary proclamation promulgated on 24 February 1821, in the final stage of the Mexican War of Independence from Spain. It sealed the alliance of two groups - the insurgents under Vicente Guerrero and Guadalupe Victoria with the regular army under the command of a former Spanish lieutenant, Agustin de Iturbde. The Plan praised the work of Spain in the Americas but argued that Mexico was prepared for self-government under a constitutional monarchy and provided that Catholicism would be the religion of the nation, the ...

1814 - Decreto Constitucional Para La Libertad De La America Mexicana, Sancionado En Apatzingan

Mexican Government Documents

This version of the Constitution of Apatzingán was printed and distributed after Mexico won its independence from Spain. It contained 242 articles, divided into two parts. The first section contained articles pertaining to the acceptance of Catholicism, the authority of the people, equality before the law, the right to citizenship, and respect for civii rights and freedom. The second section dealt with routine issues regarding the establishment of provinces, sovereignty of Congress, a government and three-person executive branch, three government departments that included war, finance and administration. Ultimately, the Constitution was never implemented due to the defeat of Morelos in ...

Hushing Contracts, David A. Hoffman, Eric Lampmann

Faculty Scholarship at Penn Law

The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, has attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue to ask if victims of harassment can sign enforceable settlements that conceal serious, potentially metastasizing, social harms. In this Article, we argue that employing the public policy doctrine, courts ought to generally refuse to enforce hush agreements, especially those created by organizations. We restate public policy ...

Vol. 56, No. 04 (February 4, 2019)

Indiana Law Annotated

No abstract provided.

Western Misperceptions And China’S Approach To International Investment Law, Tingliang Wang

Santa Clara Journal of International Law

Western Misperceptions and China’s Approach to International Investment Law