FEATURED

 

 

College Athletes as Employees: An Overflowing Quiver

 

 

BY STEVEN L. WILLBORN, 69 U. Miami L. Rev. 65 (2014). Introduction: Kain Colter, a football player at Northwestern University, is currently at the center of the discussion about whether college athletes are employees. He has filed a petition with the National Labor Relations Board (“Board”) to recognize the College Athletes Players Association (“CAPA”) as […]

 

 

UMLR INSIGHTS

 

 

The Miami Police Department’s New Public Surveillance Cameras: Could the Constitution Prevent “Big Brother’s” Short Term Visit From Becoming Permanent?

 

 

BY BRENDAN M. STUDLEY — Living in Downtown Miami is a slice of paradise for many of Florida’s sun-kissed residents and tourists alike. With beautiful sandy beaches and year-round warm weather, residential paradises like Miami are far and few between. But the next time you venture out for a night on the town or some […]

 

 

Meditating Your Way to the End Zone Without a Flag: Take a Page from Coach Carroll’s Playbook and Practice Mindfulness in Law

 

 

BY IVANA K. ALVAREZ — The Seattle Seahawks made it all the way to the Super Bowl this year. What is the secret behind their collective ability to think more clearly under pressure than other NFL teams? Meditation, encouraged by head coach Pete Carroll. Carroll arranges intentionally chaotic practice sessions for his team because he […]

 

 

Havana Rights: How Lifting the Cuban Embargo Could Affect Trademark Rights to the Cohiba Brand

 

 

BY DIANA JORDAN — Few trademarks rival the exclusivity of the Cohiba brand. But who should profit from the brand name cigars’ fame and notoriety? To resolve this decades-old dispute, American cigar manufacturer General Cigar and its Cuban counterpart, Cubatabaco, have decided to once again duke it out in classic American fashion—through litigation. In 1972, […]

 

 

Which Will be Healthier, State or Federal Exchanges: The Looming Implications of King v. Burwell

 

 

BY ANDREA NICKERSON — Although the Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (“ACA”) and related statutes in National Federation of Independent Business, it will undoubtedly continue to address issues associated with the actual implementation of the statute. On November 7, the Court granted certiorari for King v. Burwell, […]

 

 

Free Speech Victory: Florida Bar Prohibition on Past Results Struck Down

 

 

BY DALISI OTERO — In Rubenstein v. Florida Bar, Judge Beth Bloom of the United States District Court for the Southern District of Florida ruled last month that the Florida Bar’s ban on attorneys’ use of past results for advertising is unconstitutional under the Free Speech Clause of the First Amendment. Judge Bloom concluded the […]

 

 

Florida Supreme Court Stops Government from Obtaining Cell-Phone Location Data Without Warrant; Will Eleventh Circuit Follow Suit?

 

 

BY JEREMY H. D’AMICO — Anyone who has seen CSI knows that the government can locate the position of a person’s cell phone when a call is made. But maybe you did not know that the government has been able to use Cell Site Location Information (“CSLI”) to track the location of a cellular device […]

 

 

What’s Driving the Ridesharing Debate?

 

 

BY NICOLE HALMOUKOS — Uber Technologies, Inc., one of the most popular and expansive of a number of “e-hailing” apps to arrive in the personal transportation space, allows users to summon a ride using their smartphone. A glance at the young company’s financial growth is impressive: it has raised over $1.5 billion in venture capital, reached […]

 

 

Yates v. United States: Illegal Fishing and the Sarbanes Oxley Act

 

 

BY ZACH LIPSHULTZ — On November 5, 2014, the Supreme Court heard oral arguments in Yates v. United States, a case that may help define the jurisdictional reach of the Sarbanes-Oxley Act (“SOX”). The Court granted certiorari on the issue of whether Yates, a commercial fishing captain from Cortez, Florida, violated the Act’s anti-spoliation provision […]

 

 

The Politics of Food: Our Nation’s First Soda Tax and its Potential Impact Locally

 

 

BY ELLINA BERDICHEVSKY — In November 2014, 75% of voters in Berkeley, California, succeeded in supporting the nation’s first tax on soda. The tax was in the amount of a penny per ounce, or about twelve cents a can, with all tax proceeds going into the City of Berkeley’s general fund. Local Florida news reporters […]

 

 

Florida’s Direct File Law: How State Attorneys Hold Too Much Power

 

 

BY KEVIN HUGUELET — If recent history is indicative of future results, then this year Florida’s prosecutors will transfer juveniles into adult court at a higher rate than any other state in the Nation. From 2008 to 2012, over 12,000 Florida children—some as young as 12 years old—were transferred into adult courts. Florida law authorizes […]

 

 

 

See All UMLR Insights Posts