University of Miami Law Review
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Our blog features high-quality, cutting-edge scholarship written by law professors, judges, practitioners, and members of the Law Review. The University of Miami Law Review is a legal journal committed to publishing articles of interest to legal scholars and practitioners.
University of Miami Law Review
3w ago
The Environmental Protection Agency (“EPA”) recently enacted a groundbreaking methane emissions regulation, published on March 8th, 2024. This swiftly became a focal point of legal contention. Texas and other states have launched a lawsuit challenging the EPA’s authority to implement such stringent measures. This development spotlights the ongoing battle between federal environmental initiatives and state ..read more
University of Miami Law Review
1M ago
ALEX VIOLA—In 2010, the Supreme Court upheld the use of delegation clauses in arbitration agreements. These clauses delegate to an arbitrator—rather than a court—the power to decide threshold issues about arbitrability, such as whether a valid agreement to arbitrate exists or whether a dispute falls under the scope of an arbitration agreement. Fourteen years later ..read more
University of Miami Law Review
1M ago
JACK COSTELLO—The Supreme Court declined to halt a bankruptcy settlement for the Boy Scouts of America, rejecting an Application for a Stay of the Bankruptcy Plan posited by 144 victims of the national organization’s child sexual abuse scandal. The Court’s decision lifted a temporary order, which had temporarily blocked the settlement from moving forward while ..read more
University of Miami Law Review
1M ago
AMANDA GONZALEZ—On February 6, 2024, a jury in Pontiac, Michigan made a decision that may alter the way prosecutors in the United States handle mass attacks committed by minors. After eleven hours of deliberation, the Michigan jury found Jennifer Crumbley, mother of Ethan Crumbley, guilty of four counts of involuntary manslaughter. This conviction was based ..read more
University of Miami Law Review
2M ago
OLIVIA ZUKOWSKI—Consumers using streaming platforms like Amazon Prime Video and Vudu are receiving an unwanted spoiler alert about certain movies and shows they have purchased. To consumers’ surprise, although purchasing digital media may be easy, these titles may not be available in their video libraries indefinitely. With a simple click, individuals can acquire a whole ..read more
University of Miami Law Review
2M ago
DILLON RICHARDS—It would be the biggest courtroom spectacle since O.J.: a former president on trial for conspiring to “overturn the legitimate results of the 2020 presidential election . . . .” With cameras in the courtroom, cable news would cover every word uttered by the lawyers, judge, witnesses, and defendant. Social media personalities would endlessly ..read more
University of Miami Law Review
2M ago
ANDREA FISCU—As generative artificial intelligence (AI) continues to advance, so do the capabilities of perpetrators to create ever-more realistic pornographic deepfakes. Legal experts have long reflected on the damage these violent images and videos can inflict and contemplated how the law may respond. Taylor Swift is one of the most recent victims and with her ..read more
University of Miami Law Review
2M ago
LAUREN SCHNEIDER—Buckle up, frequent flyers, as turmoil is brewing on the tarmac. If you have kept tabs on the stock market recently, you might have noticed that Spirit Airlines took a nosedive in mid-January, with its shares falling by nearly fifty percent. This swift market downturn came hot on the heels of a U.S. District ..read more
University of Miami Law Review
2M ago
ANDREW MASCIA—Amid looming state caucuses and primaries, states have vehemently sought to remove the 45th President of the United States Donald J. Trump from the 2024 presidential ballot. These efforts are premised on Section 3 of the Fourteenth Amendment, a rarely used constitutional provision ratified after the Civil War. Notably, there is little to no ..read more
University of Miami Law Review
2M ago
EBA HENDRICKSON—Against a backdrop of rising investor activism, controlling stockholders must now jump through more procedural hoops to obtain the deferential business judgment standard of review for transactions they take part in. In Kahn v. M&F Worldwide Corp. (“MFW”), the Delaware Supreme Court announced that the business judgment rule will only apply to “squeeze-out” mergers ..read more