FEATURED

 

 

Giving Credit to Ervin Gonzalez

 

 

UMLR is proud to have dedicated our final issue of Volume 71 to the late Ervin Gonzalez. He will be missed. Please see the following write-up in the Daily Business Review.

 

 

Volume 71, Issue 4 Released

 

 

UMLR is proud to make Volume 71, Issue 4 (our Eleventh Circuit Edition) available on our website here. For their insightful contributions, we are very grateful to our authors, among them the late Ervin Gonzalez (UM Law Class of 1985), to whom this Edition is proudly dedicated. UMLR also recognizes the dedication of our Executive Board members, […]

 

 

UMLR INSIGHTS

 

 

A Legal Defense for UnDACAmented Immigrants

 

 

ISABELLA LLANO—On September 5, 2017, United States Attorney General Jeff Sessions announced the end of the Deferred Action for Childhood Arrivals (DACA) program, leaving roughly 800,000 DACA recipients in a state of uncertainty. In his announcement, Sessions claimed that the creation of DACA was an “unconstitutional exercise of authority by the Executive Branch.” As a […]

 

 

When a Counteroffer Becomes an Open Offer

 

 

MADISON LEVINE—When negotiating plea deals under recommended sentencing guidelines, a judge may offer a downward departure to a defendant only when there exists an open offer by the state. According to State v. Lago, “the Court is prohibited from extending or accepting a plea that would result in a downward departure sentence once the state’s […]

 

 

Married on Saturday, Fired on Monday

 

 

JOANNE SCHIFFER—Over the past few decades, there has been an ongoing debate over what it means to discriminate “because of . . . sex” under Title VII of the Civil Rights Act of 1964. Title VII states: It shall be an unlawful employment practice for an employer – (1) to fail or refuse to hire […]

 

 

FOIA: So Hot Right Now

 

 

JENNY LEDIG—A president riding into office on the mantra “drain the swamp” might suggest an administration that would embrace the purpose of the Freedom of Information Act, facilitating government transparency and accountability. But now, after President Trump’s 100th day in office, his team so far shows no intention of increasing transparency under his administration. History […]

 

 

“So what?” – The Internet of Things & Privacy Rights Apathy in the Age of Trump

 

 

NICOLE CHIPI—On February 17, 2017, the Bundesnetzagentur (Germany’s telecommunications watchdog) issued an official warning to the citizens of Germany, banning a product it declared a threat to the private sphere. Jochen Homann, the agency’s president, added that the ban was “about protecting the rights of the weakest in society.” What was this unauthorized wireless transmitting […]

 

 

A De Novo Critique of Administrative Deference

 

 

LUIS M. REYES—Administrative agencies are lawmaking bodies created by Congress and are entrusted to enforce the mandates of particular congressional statutes. Yet because these statutes often terse or vague, agencies also promulgate new rules and regulations to supplement ambiguities. The judicially created doctrine of administrative deference serves to give the benefit of the doubt to […]

 

 

The Emperor Has No (Obligation to) Close: When Seemingly Innocuous Closing Conditions Add to the Deal Risks They Are Intended to Protect Against

 

 

SAM GOODMAN—In a highly anticipated decision on a contested merger agreement, the Delaware Supreme Court affirmed the Delaware Court of Chancery’s ruling that acquiror Energy Transfer Equity L.P. (“ETE”) did not breach its agreement to merge with the Williams Companies, Inc. (“Williams”) when ETE terminated the merger agreement because its counsel was unwilling to deliver […]

 

 

 

See All UMLR Insights Posts