Tag Archives: MiamiLaw

Are Some Cryptocurrencies a Type of Security? Congress Seems to Think So

ROSANA B. FERNANDEZ—Since its inception in 2009, governments all over the world have been struggling with how to regulate cryptocurrencies. Congress seems to have come up with a solution: calling it a security. As Congress prepared for their holiday recess, the House of Representatives introduced the “Cryptocurrency Act of 2020.” The bill’s stated purpose is […]

Combatting Unsolicited Text Messages: When Will Courts Draw a Line?

LAUREN THRONSON—Almost everyone understands the headache of spam callers dialing your cellphone, as well as the similar annoyance of receiving an unsolicited advertisement through a text message.  While Congress has tried to curb unsolicited calls to your home phone through the Telephone Consumer Protection Act (TCPA), the TCPA seems wildly underprepared for the modern era: […]

The U.S. and the International Criminal Court: failing to lead by example

BRITTANY FINNEGAN—In March, the International Criminal Court (“ICC”) authorized Chief Prosecutor Fatou Bensouda to open an investigation into alleged war crimes in Afghanistan. Bensouda, in her request for an investigation, attributed acts of war crimes and crimes against humanity to United States forces and intelligence personnel, in addition to Taliban and Afghan forces. The ICC, established 15 […]

Fee Splitting: The Ethical Implications of Non-Lawyer Involvement

EVAN ROBINSON—Fee-splitting is a common phenomenon in the legal profession. Typically, fee-splitting occurs between law firms in two ways. The first occurs when two or more law firms work together on a case and split the hourly fees which they have billed the client. The second way occurs, most commonly among plaintiff’s law firms, when […]

Does Amateurism Matter?

MATTHEW ZAWISLINSKI—Life is getting harder and harder for the NCAA these days. With attacks coming from sports media personalities and state legislatures, the NCAA is facing more threats than ever before. While its name, image, and likeness rules have received substantial scrutiny in the last year, the NCAA’s gravest concern should be attacks on its […]