Miami – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Miami Judge Rules “Stand Your Ground” Law Revisions Are Unconstitutional https://legacy.lawstreetmedia.com/blogs/law/miami-judge-rules-stand-ground-law-revisions-unconstitutional/ https://legacy.lawstreetmedia.com/blogs/law/miami-judge-rules-stand-ground-law-revisions-unconstitutional/#respond Wed, 05 Jul 2017 20:33:37 +0000 https://lawstreetmedia.com/?p=61889

The law requires prosecutors to prove in pretrial hearings that a defendant wasn't acting in self-defense.

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"Gun Play, Arkansas" Courtesy of Rod Waddington License: (CC BY-SA 2.0)

A Miami judge ruled on Monday that new revisions to Florida’s “Stand Your Ground” law are unconstitutional. Florida Governor Rick Scott signed the amended “Stand Your Ground” law on June 9,  requiring prosecutors to prove a defendant wasn’t acting in self-defense at pretrial hearings.

Miami-Dade Circuit Court Judge Milton Hirsch held that the legislative changes altered the burden of proof in “Stand Your Ground” cases, raising the threshold “from mere preponderance of the evidence to clear and convincing evidence.” Per Florida’s Constitution, such changes could only be made by the Florida Supreme Court, not the state legislature, and were therefore unconstitutional, Hirsch said. In outlining the necessity for a separation of powers among the three branches of government, Hirsch even referenced a paper about the Ministry of Magic’s judicial overreach in “Harry Potter and the Order of the Phoenix.”

Hirsch’s ruling comes as the result of two “Stand Your Ground” cases in his court. Liletha Rutherford was charged with aggravated assault with a firearm and grand theft for pulling a gun on a couple during an argument. Omar Rodriguez was charged with first-degree murder for shooting and killing Jose Rey over an argument about Rey’s dog. Rodriguez claimed Rey charged at him with a knife. Police recovered a knife at the crime scene, but discovered Rodriguez’s DNA on the knife, not Rey’s.

Florida lawmakers reacted to the ruling on social media. State Senator Rob Bradley, who sponsored one of the amendments to the “Stand Your Ground” law, said in a tweet that the court’s ruling “attacks the Legislature’s role in defining and protecting our individual rights.”

Following Hirsch’s ruling, Rutherford and Rodriguez will now each have to prove they acted in self-defense. Currently, the ruling only applies to those two cases. However, appeals are likely to make their way to appellate courts and the Florida Supreme Court.

The effectiveness of “Stand Your Ground” laws hasn’t exactly been clear. In March, Florida State Senator Dennis Baxley claimed that since Florida’s 2005 “Stand Your Ground” law, “we’ve seen violent crime continuously go down.”

PolitiFact pointed out some flaws in that statement. While violent crime in Florida has dropped a cumulative 34.9 percent from 2005 to 2015, that decrease is not “continuous” as Baxley contends. Data show occasional increases in Florida’s violent crime rate during that 10-year period, however not enough to really counteract that overall decline in violent crime.

That said, PolitiFact also highlighted the fact that national violent crime rates have also been decreasing since the 1990s. It has yet to be proven whether Florida’s decrease in violent crime has been due to its “Stand Your Ground” laws, considering several states with similar drops do not have “Stand Your Ground” laws.

Critics of “Stand Your Ground” say the laws disproportionately benefit defendants who kill black victims compared to those who kill white victims, and often allow defendants to avoid murder charges.

The Tampa Bay Times identified nearly 200 “Stand You Ground” cases. Of those cases, 70 percent of defendants who invoked a “Stand Your Ground” defense were acquitted. Seventy-three percent of defendants who killed a black person faced no penalty, while 59 percent of defendants who killed a white person faced no penalty.

One of the most high-profile “Stand Your Ground” cases involved George Zimmerman, the “neighborhood watchman” who shot and killed 17-year-old black Florida teenager Trayvon Martin in 2012. Zimmerman did not invoke the “Stand Your Ground” law in his trial, but the judge issued instructions to the jury along the same lines as the law’s language, saying Zimmerman “had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another.” Zimmerman was acquitted of all charges in Martin’s death.

“Stand Your Ground” may stay in place in Florida for now, but Hirsch’s ruling could limit the extent to which the law is allowed to reach. The question has the potential to make it to higher courts and get decided once and for all.

Marcus Dieterle
Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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What Does it Take to Become an Entertainment, Arts, or Sports Lawyer? https://legacy.lawstreetmedia.com/issues/law-and-politics/entertainment-arts-sports-lawyer/ https://legacy.lawstreetmedia.com/issues/law-and-politics/entertainment-arts-sports-lawyer/#respond Wed, 08 Feb 2017 16:17:31 +0000 https://lawstreetmedia.com/?p=58414

Find out with Miami Law!

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Image courtesy of Joshua Prezant for Miami Law
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Do you read every article you can find about the Tidal lawsuits? Are you fascinated by the legal effort to recover art stolen by the Nazis during World War II? Do you have strong feelings about the legal side of “Deflategate?” Do you want a legal career that’s dynamic, fast-paced, and challenging? If you answered yes to any or all of those questions, a career in Entertainment, Arts, or Sports law may be something to consider.

These specialties incorporate a wide range of legal disciplines, including IP and Copyright law, Contract law, and Labor law. And without the behind-the-scenes work of the lawyers who specialize in these fields, our favorite music, TV shows, movies, sports, and art would be unrecognizable. So, how do you get started? The University of Miami School of Law, home to the unique Entertainment, Arts, and Sports Law LL.M program, has the answer. Read on to learn more.

A Primer on Entertainment, Arts, and Sports Law

First things first: what are we talking about here? These fields, while distinct, are certainly related. But it’s still important to understand some of the nuances.

What is Entertainment Law? 

There’s no set-in-stone definition of exactly what Entertainment law constitutes, but in many ways it involves the application of legal concepts to real world problems. Entertainment lawyers deal with a myriad of legal issues arising from the entertainment and performing arts industry, including TV, movies, radio, theater, and publishing. It can include anything from working on contracts for performers or employers, to filing trademarks, confronting First Amendment issues, and dealing with lawsuits involving those in the entertainment industry. According to Miami Law:

Although entertainment lawyers might represent ‘talent,’ such as directors, actors or musicians, they more often advise companies that produce and distribute entertainment content, license celebrity brands, purchase and sell motion picture or music publishing catalogues, raise or invest debt and equity capital, and purchase and sell companies engaged in one or more of such activities.

Entertainment law is fast-paced and multi-dimensional, and can incorporate many legal questions that a lot of us probably don’t even think about on a daily basis. For example, imagine some of the legal issues that go into creating a movie:

  • Actors, writers, and workers on the movie will need contracts to be negotiated. The presence of unions–for example the Screen Actors Guild–may also mean that labor law considerations are in the mix.
  • Music used in the movie will need to be properly licensed.
  • Marketing materials for the movie, including catchphrases, may need to be trademarked.
  • Say the movie involves a “real life story” or biography–an attorney may be needed to deal with any defamation lawsuits that arise.

This list is by no means dispositive, but it goes to show that there are a lot of moving parts that go into what we see as final products in entertainment–and many of them require lawyers.

What is Arts Law?

Like Entertainment law, Arts law exists at a large intersection of legal issues, largely focused on the creation, ownership, and business of art. Intellectual Property law plays a large part–as art depends on the creation of unique work–but Estate and Property law, Contract law, Torts, and other areas factor in as well.

According to Miami Law:

Today, art lawyers work in law firms, museums, auction houses, and financial institutions. Works of art are bought and sold, implicating issues of good title and authenticity; loaned from museums to galleries and other museums, implicating insurance and contract matters; travel internationally for both commercial and private purposes, implicating international treaties and customs laws and regulations; and are often important assets in decedents’ estates, implicating tax and estate planning concerns. An art lawyer must be able to navigate this complex terrain of legal concepts and practical strategies.

Let’s look at an example, like we did with Entertainment law. What might you need to consider if you’re providing legal counsel to an artist?

  • Contract law comes into play if the artist wants to be represented in any galleries.
  • The artist may be able to receive royalties if their art is used for commercial purposes, or if someone uses the artist’s art without their permission, intellectual property rights could protect them.
  • Artists sometimes become involved in performance art as public protests–First Amendment considerations may be at issue.

If any of those hypothetical issues piqued your interest, maybe Arts law is a discipline that you would want to consider.

What is Sports Law?

Sports law, like its Entertainment and Arts law counterparts, also sees a mix of legal principles and factors. Sports lawyers can represent players in the sports industry, including professional and amateur athletes, venues, organizations and teams, and companies that work with athletes or teams.

According to Miami Law:

Sports lawyers usually require knowledge of various areas of law including: contracts, labor, antitrust, tax, intellectual property and media law. To represent sports industry clients, a lawyer also needs strong contract negotiation and drafting skills in addition to an understanding of the arbitration process. Other areas of law, like immigration, can also come into play for foreign athletes and international leagues or clubs.

Let’s try our “day in the life” exercise with Sports law. Let’s say that you represent a team. Here are some questions that could come up:

  • You’ll be needed to draft contracts for the athletes who join the team.
  • In the cases of international athletes, you may need to deal with Immigration law to ensure that they are able to work in the United States.
  • If an athlete gets injured in the course of a game, he may sue the organization he’s playing for.
  • A team’s logo and mascot can be trademarked, and you may need to deal with infringing uses on unlicensed merchandise.

Needless to say, there’s no guarantee that any given sports lawyer will deal with those exact issues. But it’s important to note that Sports law, just like Entertainment law and Arts law, requires lawyers who enjoy working in an unpredictable and quickly evolving field.


You’ve Convinced Me–I want to be an Entertainment, Arts, or Sports Lawyer. Where do I start?

Miami Law’s LL.M in Entertainment, Arts, and Sports Law can help you make that dream a reality. The program is designed for working lawyers who want to narrow their focus on one of these specialties or students who have already received their law degrees abroad. An LL.M can provide the leg up you need in a competitive environment. The clients you’ll represent–whether it’s an actor, artist, athlete, venue, or company–need to know that you have the wide breadth of legal knowledge to help confront whatever problem they run into. A focused LL.M could make it clear that you have that expertise.


Why Miami Law?

Miami Law’s LL.M program offers some unparalleled perks to get you on the right track.

Location, Location, Location 

Miami is a vibrant, bustling city that serves as an epicenter for entertainment, art, and sports. Miami is home to a number of entertainment production companies, including Telemundo, Univision, HBO Latin America, Viacom International, Sony, and BBC Latin America. The art scene in Miami features many galleries and museums; the city has traditionally been known for its art deco flair. And don’t forget–Miami is home to the Miami Heat, the Miami Dolphins, and the Miami Marlins, in addition to countless amateur and college teams.

Connections are Key 

Who are some Miami alums in the fields of Entertainment, Arts, or Sports law? Take, for example, Horacio Gutierrez, class of ’98. He now serves as General Counsel for Spotify, one of the fastest-growing music streaming services in the world. In the field of Sports law, Dennis Curran is a Miami Law alum, class of ’75. He currently serves as the Senior Vice-President and General Counsel for the NFL Management Council, which represents the 32 teams in the NFL. And Professor Stephen K. Urice, the Director of the Arts law track, comes from a background in arts and museum law–at one point he directed the national culture program at The Pew Charitable Trusts. Miami Law’s faculty, staff, and alumni can help you bridge the gap between your education and getting involved in the job of your dreams.

Hands-On Experience

Miami Law provides its LL.M students with unparalleled hands-on experience. Each of the three tracks–Entertainment law, Art law, and Sports law–requires a practicum component that will give them experience in the field. For example, Maria Jose Rivera, a student in the LL.M program, is completing her practicum requirement at the NBC Universal Telemundo. She describes her work as a fall legal intern to the Telemundo Network with Music Affairs, saying:

I want to get to counsel and represent television and motion picture productions in all legal aspects. Whenever I walk into a studio set, I get thrills by seeing it and hearing in all in real life. I see the drafting of agreements as creating the safeguards to making those audiovisual productions come strong from a legal standpoint.

And she described her experience with the LL.M program as a whole, saying:

The program has helped me get there by not only placing me into the real practice but by granting me the privilege to work with and learn from these role models I look up to professionally. I’m drafting and negotiating agreements for the first time while being challenged to develop the skills that are in demand when becoming an effective lawyer in the entertainment industries.

So, are you ready to make a change, and work on something you’re truly passionate about? Consider Entertainment, Arts, or Sports Law. It’s a growing and exciting field, and it’s time for you to take the plunge.

Resources

Primary

Miami Law: LL.M. in Entertainment, Arts and Sports Law

Miami Law: Entertainment Track

Miami Law: Art Track

Miami Law: Sports Track 

Additional

LexisNexis: Researching Entertainment Law

ABA: What Is Sports Law and Who Is a Sports Lawyer?

Lawyers for the Creative Arts: Legal Issues in Film Production

University of Miami School of Law
The University of Miami School of Law’s mission is to foster the intellectual discipline, creativity, and critical skills that will prepare its graduates for the highest standards of professional competence in the practice of law in a global environment subject to continual–and not always predictable–transformation; to cultivate a broad range of legal and interdisciplinary scholarship that, working at the cutting edge of its field, enhances the development of law and legal doctrine, and deepens society’s understanding of law and its role in society; and to fulfill the legal profession’s historic duty to promote the interests of justice. Visit www.law.miami.edu for more information. The University of Miami School of Law is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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Miami-Dade Becomes First Jurisdiction to Comply with Trump’s Sanctuary City Order https://legacy.lawstreetmedia.com/blogs/politics-blog/miami-dade-trump-sanctuary/ https://legacy.lawstreetmedia.com/blogs/politics-blog/miami-dade-trump-sanctuary/#respond Fri, 27 Jan 2017 18:48:43 +0000 https://lawstreetmedia.com/?p=58467

Miami-Dade becomes first county in the country to relinquish its "sanctuary" status.

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Image courtesy of Daniel X. O'Neil; License:  (CC BY 2.0)

Miami-Dade County Mayor Carlos A. Gimenez signed a memo on Thursday that orders county officials to comply with federal immigration detention requests. This order makes Miami-Dade the first jurisdiction to relinquish its status as an immigrant sanctuary, a title given to it by the Department of Justice in May of 2016, but one that the county itself has resisted.

Gimenez’s action comes a day after President Trump signed an executive order titled “Enhancing Public Safety in the Interior of the United States” on Wednesday, which denies federal funding to sanctuary cities by instructing the Department of Homeland Security to cut its funding to these cities. This, in effect, coerces counties into cooperating with federal authorities when it comes to detaining undocumented immigrants.

Gimenez’s action directs the county’s corrections director to comply with Trump’s executive order by holding undocumented immigrants who have been detained by police for committing crimes long enough for federal authorities to pick them up, a measure that officials in many cities have resisted so far.

In 2016, the cost that the county would have incurred had it held the almost 100 undocumented inmates long enough for feds to pick them up would have been about $52,000, according to The Miami Herald, which broke the story.

In an interview with The Miami Herald, Gimenez said that his decision was a financial one, stating that “I want to make sure we don’t put in jeopardy the millions of funds we get from the federal government for a $52,000 issue. It doesn’t mean that we’re going to be arresting more people. It doesn’t mean that we’re going to be enforcing any immigration laws.”

On “Fox and Friends” this morning, Gimenez told the show’s hosts that the decision was a “no-brainer,” saying that Trump’s executive order “put an exclamation point” on the issue, and the county is merely returning to its 2014 policy honoring detention requests “regardless of the fact the governments says they’ll pay for it.”

Gimenez’s statement stands in contrast to statements made by mayors of other sanctuary cities such as Bill de Blasio of New York City. He said on CNN that the city would threaten to sue if federal funding was stripped because the city refused to turn over undocumented immigrants who commit low-level crimes. The city’s current policy states that the city will cooperate with the federal government if an undocumented immigrant commits a serious crime.

Gimenez, who voted for Hillary Clinton in the election, and called for Trump to step down as the Republican party’s nominee back in October, was praised by Trump, as the president took to Twitter yesterday afternoon to celebrate the perceived policy victory:

Austin Elias-De Jesus
Austin is an editorial intern at Law Street Media. He is a junior at The George Washington University majoring in Political Communication. You can usually find him reading somewhere. If you can’t find him reading, he’s probably taking a walk. Contact Austin at Staff@Lawstreetmedia.com.

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Behavioral Therapist Shot by North Miami Police Officer Files Federal Lawsuit https://legacy.lawstreetmedia.com/news/behavioral-therapist-shot-north-miami-police-officer-files-federal-lawsuit/ https://legacy.lawstreetmedia.com/news/behavioral-therapist-shot-north-miami-police-officer-files-federal-lawsuit/#respond Fri, 05 Aug 2016 19:12:17 +0000 http://lawstreetmedia.com/?p=54671

Only time will tell if justice is served.

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"North Miami Beach Police" Courtesy of [LSW2020 via Flickr]

You are peacefully lying on your back with both of your arms in the air, pleading with police not to shoot you. Instead of letting you walk away unharmed, a police officer shoots you in the leg. What would be your next plan of action? File a lawsuit against the officer?

Well, that’s the latest in the incident with Charles Kinsey, a 47-year-old behavioral therapist from North Miami, Florida,  who was shot in the leg by police while trying to help his autistic patient. In case you missed it, check out Law Street’s coverage of the incident here.

Kinsey filed a federal lawsuit against North Miami police Officer Jonathan Aledda, arguing that Aledda and other officers wrongfully arrested him and used excessive force. In the lawsuit, it also says that Aledda did not help stop the bleeding after he shot Kinsey, even after officers figured out there was no weapon at the scene. Because of the physical, emotional, and mental trauma the incident caused, Kinsey and his lawyer are demanding a jury trial and unstated monetary damages. 

After he was shot, Kinsey was handcuffed and lay bleeding in the middle of the street, according to the lawsuit. It also alleges that when North Miami officers arrived at the scene, they immediately grabbed assault rifles from their cars and approached in a “military-style formation.”

Kinsey’s attorney, Hilton Napoleon, filed the lawsuit and in it, said,“by failing to render aid, Officer Aledda allowed Mr. Kinsey to unnecessarily bleed out on the ground for a significant period of time, which further exasperated Mr. Kinsey’s recovery time for his injuries.” 

Aledda has been placed on paid administrative leave.

The autistic man Kinsey was looking after, Arnaldo Eliud Rios, 23, has been at the psychiatric ward of a Miami hospital and was traumatized by the event, said his mother, Gladys Soto. Rios and Kinsey met at the hospital last week for the first time since the shooting.

Inez Nicholson
Inez is an editorial intern at Law Street from Raleigh, NC. She will be a junior at North Carolina State University and is studying political science and communication media. When she’s not in the newsroom, you can find her in the weight room. Contact Inez at INicholson@LawStreetMedia.com.

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Where Could You Watch Obama’s Speech? Depends Where you Live https://legacy.lawstreetmedia.com/news/watch-obama-s-speech-depends-live/ https://legacy.lawstreetmedia.com/news/watch-obama-s-speech-depends-live/#respond Sat, 22 Nov 2014 11:30:59 +0000 http://lawstreetmedia.wpengine.com/?p=29239

Major networks chose not to carry Obama's immigration speech, but some local affiliates bucked the trend.

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Thursday night, President Obama announced an executive action that will protect millions of undocumented immigrants and restructure the United States’ priorities when it comes to immigration enforcement. And he used some fighting words. Obama stated:

The actions I’m taking are not only lawful, they’re the kinds of actions taken by every single Republican president and every Democratic president for the past half century. And to those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.

Obama’s speech–just weeks after the Democrats basically got trounced in the midterms–was powerful, and regardless of how both his political allies and opponents are acting on the Hill, will make a real difference in the lives of millions of people who call America home.

But if you were interested in watching this speech, you may have had a hard time finding it. The big TV networks–ABC, NBC, FOX, and CBS–chose not to air the speech. Instead, CBS presented an episode of The Big Bang Theory; Fox network viewers saw Bones; and viewers tuning to NBC were able to enjoy The Biggest Loser: Glory Days.

While cable stations like Fox News, CNN, and Univision carried it, the big four networks chose not to and opted for their regular programming instead. That was their choice. When the President is giving an important speech, the White House can put in an official request that the speech be carried. In this case, the White House did not, apparently after hearing from networks that they weren’t too enthusiastic to postpone their normal programming. At one point, a supposed network insider called the speech too “overtly political.”

Obviously, this choice on the networks’ part wasn’t just about politics–it was about money. In today’s epoch of pretty predictable political apathy, you get more viewers when you show beloved shows like Shonda Rhimes’ Grey’s Anatomy than when you show the same President Obama speech on immigration that every other network has access to. And when you get more viewers your advertisers are happy. And then you make more money. It’s a pretty simple equation.

The story gets more complicated than that though. You see, stations like FOX, NBC, ABC, and CBS are national, but each place has their local affiliate that actually controls what that locale sees. That’s why I, living in D.C., can watch NBC but see a different morning news team than my parents living in Connecticut. There is some flexibility, apparently, because a few local affiliates gave a big middle finger up to their national stations, and showed the speech anyway. POLITICO found that:

A quick look at some major media markets found that the NBC affiliates in New York, Washington, Atlanta, Chicago, Dallas and Phoenix; the ABC affiliates in Washington, Chicago, Boston and Kansas City; the Fox affiliates in Boston, Chicago, Dallas and Miami all aired the speech live. CBS affiliates were less likely to air the speech when it fell during the hit show “The Big Bang Theory,” though several of their affiliates outside the East Coast did air it live.

There seems to be fodder for an interesting internal struggle here–networks balked at the idea of showing Obama’s speech for presumably centrally financial reasons. But not everyone was willing to play ball, and the places where the speech ended up being shown are certainly illuminating. With a few exceptions, it seems like channels that showed the speech were in either more liberal areas, or areas like Dallas and Miami, known for larger immigrant populations. As strategic as the call was to not show the speech by big networks, the local stations took their own strategies into account.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Traveling to Miami: Here Are the Legal Need to Knows https://legacy.lawstreetmedia.com/news/traveling-to-miami-heres-the-legal-need-to-knows/ https://legacy.lawstreetmedia.com/news/traveling-to-miami-heres-the-legal-need-to-knows/#respond Fri, 18 Apr 2014 14:36:55 +0000 http://lawstreetmedia.wpengine.com/?p=14534

Whether its for spring break, summer vacation, or anything in between, Florida remains a top destination for vacationers in the U.S. Miami is perhaps one of the most frequented cities for this reason. Miami is a great city to vacation in for twenty somethings: not only are there beaches, but Miami boasts one of the […]

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Whether its for spring break, summer vacation, or anything in between, Florida remains a top destination for vacationers in the U.S. Miami is perhaps one of the most frequented cities for this reason. Miami is a great city to vacation in for twenty somethings: not only are there beaches, but Miami boasts one of the best night life scenes in the country. It’s no surprise that the city attracts a variety of people. But whether you are planning a trip to Miami or even considering a move to this Florida city, it’s important to know what laws are on the books in order to have a fun but safe time there.

Drinking Laws

When you’re going to Florida to vacation and you’re 21 or older, odds are you would be interested in consuming alcoholic beverages. Here are some things you might want to know about Miami’s alcohol policy:

  • There is an open container law on the books. Miami maybe a party town, but it certainly isn’t NOLA. Getting caught with an open container could result in a fine of 50 dollars. According to the Miami News Times, this regulation isn’t very heavily enforced. But unless you want to lose some money, it’s better to finish up that drink inside.
  • Purchasing alcohol: In most counties of Florida, the sale of alcohol on Sunday is prohibited. However, in Miami-Dade county, liquor stores are allowed to remain open 24 hours a day, 7 days a week. You can therefore buy alcohol at any time if you are of age, but stay safe!

The Beach

Miami is famous for its coastline, and a visit to Miami isn’t complete without spending some time relaxing by the ocean. Here are some important things you should know about the use of Miami’s beaches:

  • The beach does close. Miami Beach is closed from 12 AM to 5 AM. And this law will be enforced. So if you were planning on taking a dip in the middle of the night, you’d better make other arrangements.
  • There are also specific hours when a life guard is on duty. Miami beaches’ hours happen to be from 9:30AM to 6PM. While the beach is open during times when no lifeguard is present, it is highly advised that beach goers swim when a lifeguard is on duty.
  • It should also be known that cans of any kind, alcoholic or otherwise, are prohibited on the beach. Styrofoam containers are also unlawful to have with you while on the beach. The Miami News Times noted that individual had been given a fifty dollar fine for the possession of a Diet Coke can and a styrofoam container while on the beach, so this law is enforced. It may seem more economical to bring your own snacks and beverages to the beach, but treat yourself to a lunch in a cafe instead.

Pets

Moving to the area and have a pet or looking to get one? Make sure you don’t violate these rules:

  • In Miami Dade County, pets must not be chained or tethered outside without you present. This means you can’t keep your dog tied to a pole while you eat lunch in a restaurant. So if you’re running errands or meeting friends for a meal, keep Fido at home.
  • Dogs have to wear tags at all times and must be registered yearly.
  • You cannot take your pet on a bus or train without the animal being kept in a cage or carrier.

Florida State-Wide Laws

Miami residents and visitors should also respect state-wide laws. Miami-goers should be considerate of these laws as well, including:

  • No texting while driving. A new law took effect in October that outlaws texting while operating a vehicle, making Florida the 41st state with this law on the books.
  • Concealed weapons: Florida is a unique state in that it allows concealed weapons to be carried with a license. This isn’t to say that you should go to Florida to carry around a gun for fun, but rather it’s a warning to stay extra careful.

There are many other laws to take note of while traveling or moving to Miami, Florida, but this is a starting guide. Miami is a great city, and knowing the laws of the city and state of Florida can help you to have a fun and risk-free visit.

[Miami News Times] [Legal Beer] [Miami Beach] [Miami Dade] [Miami Herald]

Sarah Helden (@shelden430)

Featured Image Courtesy of [Marc Averette via Wikipedia]

Sarah Helden
Sarah Helden is a graduate of The George Washington University and a student at the London School of Economics. She was formerly an intern at Law Street Media. Contact Sarah at staff@LawStreetmedia.com.

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Working Up the Ladder & Into the Circle of Trust https://legacy.lawstreetmedia.com/blogs/culture-blog/working-up-the-ladder-into-the-circle-of-trust/ https://legacy.lawstreetmedia.com/blogs/culture-blog/working-up-the-ladder-into-the-circle-of-trust/#comments Fri, 11 Apr 2014 10:30:19 +0000 http://lawstreetmedia.wpengine.com/?p=14289

Me, I’m a part of your circle of friends.  And we, notice you don’t come around… One good thing about working in the legal industry is that you are privy to a lot of information. As legal professionals, we are exposed to a lot through contracts, mergers and acquisitions, and discovery during litigation. I have […]

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image courtesy of [David Michalczuk via Flickr]

Me, I’m a part of your circle of friends.  And we, notice you don’t come around…

One good thing about working in the legal industry is that you are privy to a lot of information. As legal professionals, we are exposed to a lot through contracts, mergers and acquisitions, and discovery during litigation.

I have been at my job for three months now, and I work a lot. I work hard. I do this for many reasons: (a) I work with hardworking people, and I want them to respect my own work ethic; (b) I love my job; and (c) I want them to know that they can trust me with major projects. I want to have my hand in as much as I can reasonably handle.

I want to be in the circle of trust.

I remember my internships and clerkships in law school, where I’d work really hard for three to four months in hopes of making a good impression on would-be employers. The thing with those positions was that I knew there was an end date. No matter how busy I got, or what project I was on, I knew that my work wouldn’t go further than my last day. That meant that I wasn’t always able to be in the secret meetings. I wasn’t in the circle of trust.

To be honest, I didn’t want to be in the inner circle back then. I didn’t care then as much as I do now. Perhaps it’s because this is my first “real job,” or maybe I’m just growing up, but I’m working on getting in the circle now!

Also, if you’re still wondering, I am still very tired. Weaseling my way into the circle of trust takes a lot of time and work. I’m convincing myself that inner circle membership results in mandatory daily naps. *Fingers crossed*

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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But This Lawyer is le Tired https://legacy.lawstreetmedia.com/blogs/culture-blog/but-this-lawyer-is-le-tired/ https://legacy.lawstreetmedia.com/blogs/culture-blog/but-this-lawyer-is-le-tired/#comments Tue, 18 Mar 2014 14:38:39 +0000 http://lawstreetmedia.wpengine.com/?p=13315

I’ve been gone for a minute, now I’m back with the jump off. Where have I been? I’ve been MIA in MIA for a couple of weeks now, which I’m sure has been devastating for some readers…right? (Editor’s note: YES!) My job has been crazy recently! By crazy, I mean 12-hour days and weekends. It’s […]

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I’ve been gone for a minute, now I’m back with the jump off.

Where have I been?

I’ve been MIA in MIA for a couple of weeks now, which I’m sure has been devastating for some readers…right? (Editor’s note: YES!)

My job has been crazy recently! By crazy, I mean 12-hour days and weekends. It’s a lot of work, but I actually still like what I’m doing (which is a good thing). Besides, I’ve complained enough about being fun-employed; I can’t start complaining about actually having a job — then I’d sound like a bratty millennial.

This is why we all went to law school, right?  I mean, we were warned that these days would come: early mornings, long nights, busy weekends, and frequent cancellations of previously made plans.

All of this work can be overwhelming. Last Monday night I was driving home from work and called one of my friends. Rihanna* (not her real name) is a second-year associate at a big law firm in New York. Rihanna makes tons of money and works all of the time. Our conversation went something like this:

Me: “Hey, how are you? How’s work? I’m headed home after 14 hours and am so exhausted!”

Rihanna: “I’m good, just busy. I turned in three memos today and got assignments for five more. It never stops!”

Me: “I know! I mean, I’m not complaining, I like my job, but…I miss sitting on my couch doing nothing. It never happens anymore!”

Rihanna: “Correct. It won’t happen for a few more months, either. Just get used to it; you’re the newest person at your job now, but you won’t always be at the bottom. Soon you’ll be delegating your crappy work to someone else. Until then, take your vitamins and try and create some semblance of a routine.”

This was some good advice, and I’m trying my hardest to follow it exactly. I wake up obscenely early to get to the gym and eat breakfast, which usually results in (i) extra energy, and (ii) increased productivity. Jealous?

I’m now fully realizing the major lesson of law school: getting as much out of your body and brain while giving it as little rest and relaxation as possible. The delicate imbalance of physical activity (working) and mental breaks (sleeping) is perfected during the 3-4 years of law school, and by the time we’re done taking the bar we really have it down pat.

I know it won’t always be like this, and in a couple of weeks I’ll get back to sleeping 8-ish hours a night. Until then, I’ll maintain an unhealthy daily intake of caffeine (green tea!) and perhaps invest in some stay-awake pills. It worked for Jessie Spano, right?

But seriously…I’m tired.

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of David Goehring via Flickr

.gifs courtesy of RealityTVgifs

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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The Times They Are a-Changin’ https://legacy.lawstreetmedia.com/blogs/culture-blog/the-times-they-are-a-changin/ https://legacy.lawstreetmedia.com/blogs/culture-blog/the-times-they-are-a-changin/#comments Wed, 29 Jan 2014 16:53:28 +0000 http://lawstreetmedia.wpengine.com/?p=11007

Welcome back to “Life of a Legal Post Grad,” a column which will quite soon be serving its initial purpose: describing the life of a young legal professional navigating his way through this crazy world of the law. By “quite soon” I mean in a couple of days. I’ve been at my job for two […]

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Welcome back to “Life of a Legal Post Grad,” a column which will quite soon be serving its initial purpose: describing the life of a young legal professional navigating his way through this crazy world of the law.

By “quite soon” I mean in a couple of days. I’ve been at my job for two weeks now and I already have (awesome) stories. Stay tuned. This week, though, let’s talk about this crazy-fast transition that I’m going through in my life. Mmmmmk?

To recap: 2013 was dark. Like…Disney dark. (P.S., if you don’t get the dark undertones in most Disney movies, you should set aside a few hours this weekend and rewatch your childhood favorites, because…whoa). The lone highlight of 2013 was seeing Rihanna in concert. I kept saying, “2014 has to be better.”

Well, here we are, and 2014 is covered in light, roses, bunnies, and all other things good and cute.  I may be the happiest that I’ve ever been in my adult life. Why, you ask? Because of all the ch-ch-ch-changes!

First of all, I have a legal job that I love.  It’s only been a week and a half, but everything is coming up roses so far. I work for a really cool company, I do dynamic legal work, and I work with awesome and intelligent people. Every day I’m challenged and pushed to be better, which is what I had in mind when I first entered law school. This job actually makes me want to be a lawyer, which is new and unexpected. BUT ENOUGH ABOUT THAT!

Second, the weather: let’s talk about wearing shorts and flip-flops in January. Or we can discuss reviewing contracts poolside. Entertain the notion of shifting the liability to a third party on the beach, even. All of these are now my options! Two weeks ago I lived in D.C.; the same D.C. that was shut down for two days last week because of the resurgence of the polar vortex (speaking of, that weather pattern really sucks).

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The “downside” to life (just kidding! there is none!) is driving everywhere. I’m a walker. I’ve previously lived in Washington, D.C., Boston, and New York: all of these are major cities with wide-ranging public transportation systems and a walkable urban plan that renders ownership of a car unnecessary and burdensome. Friends, Florida is not like that; a car is a necessary part of life. Now I’m a commuter! Every morning I wake up, start my car, drive to Starbucks, and sit in highway traffic on my way to work (if you care, I take 95 to 195). This may seem normal to some, but I have literally never had to be so alert before 9:00 a.m. In fact, for the first few days of commuting, I drove in absolute silence with my hands resolutely placed at the 10:00 and 2:00 positions. Every five minutes I’d say out loud: “Don’t kill yourself or anyone else.” Luckily I’m more comfortable now, and it’s become less of a burden. Sometimes I even get a bit of road rage, and then I’m all:

All in all, I’m having an amazing time. I have a newfound admiration for the law — so much so that I plan on taking the Florida Bar exam this summer. I never thought I would voluntarily sit for the bar exam, but I figure if I want to make a life and career here, it’s the next logical step. More importantly, it’s what my instincts are telling me to do, and I’m still inclined to follow them. It’s worked out so far!

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of [Sandra Cohen-Rose and Colin Rose via Flickr]

Featured .gifs courtesy of [RealityTVgifs]

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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Surprise! You’re Hired https://legacy.lawstreetmedia.com/blogs/culture-blog/surprise-youre-hired/ https://legacy.lawstreetmedia.com/blogs/culture-blog/surprise-youre-hired/#comments Wed, 15 Jan 2014 18:28:00 +0000 http://lawstreetmedia.wpengine.com/?p=10634

“And when you want something, all the universe conspires in helping you to achieve it.”  – Paulo Coelho, The Alchemist Oh hey.  What’s up? Welcome to the January 15 edition of “Life of a Legal Post Grad.” I’ve been writing this blog for almost five months, and it has served as a capsule of what my […]

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“And when you want something, all the universe conspires in helping you to achieve it.”  – Paulo Coelho, The Alchemist

Oh hey.  What’s up?

Welcome to the January 15 edition of “Life of a Legal Post Grad.” I’ve been writing this blog for almost five months, and it has served as a capsule of what my mindset was during the tail end of 2013.  I have been anxious, tired, pissed, over it, hopeful, and many other emotions.  When I look back on this post five months from now, I will know what I was feeling: excitement.

I’ve got news.

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I’m writing this from sunny south Florida, a state to which I have relocated.

You read that correctly.

I moved!

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I spent much of last year talking and writing about either being totally unfulfilled and/or not following my gut.  This year, I figured I had two options: keep complaining or do something new.  I chose the latter. Why did I move?  At first the reasons were purely selfish.  I have a few friends down here, and after last week’s Polar Vortex I knew that I needed a major change.

Don’t worry, I didn’t completely shift life plans.  I have a new and awesome (legal) job, about which I am extremely excited.  We’ll talk about it another time. I have a place to stay, which is a terrible thing to call where I live.  I have a new “home,” and I am excited that it has become my home so quickly.

Living down here is completely not a part of the plan that I had for my life. The last six months of 2013 made me realize that plans frequently sink faster than you can say “you sunk my battleship!”  I embraced change and am really excited to see where this new path takes me!

Things I’ve noticed in my first 36 hours as a south Florida resident: it is much easier to be productive in cold weather.  In my first day and a half here, I have: gone to dinner, gone to breakfast, gone to lunch, dropped off forms at my new job, gone to happy hour, gone to dinner again, cracked my iPhone screen (ughhh), and watched “Vanderpump Rules.” Things I have not done in my first 36 hours here: grocery shopped, looked for a gym or yoga studio, purchased sunscreen. Oh well.  I will get to all of the important stuff in the next few days.

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For now, I’m just kind of marveling at the awesomeness that is 2014.  I decided on January 2 that I was going to move down here for an extended period and figure out my life.  On January 3, I started applying to legal and non-legal jobs.  I knew that applying to jobs in this area would be difficult for many reasons, mainly: (1) I had applied to literally hundreds of jobs in D.C. and New York.  If I couldn’t find jobs in the two main legal markets, there is no way I’d find one in Miami; (2) I took the New York bar, not the Florida bar, and there is no reciprocity; and (3) I have absolutely no ties to this city, save for a few friends.  I had resigned myself to living down here and being a socialite.

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Instead, I heard back from two or three jobs within days.  I had lined up interviews for when I moved down here, and I figured I’d be working somewhere by the end of the month. Here’s where it gets crazy (or cray cray, as the kids say): one of the jobs pushed my interview up a week and conducted it via Skype, then offered me the position at the end of the interview. What’s more cray cray? I accepted!

I start my new job very soon, and I’m so excited.  More importantly, I work for an AWESOME company.  I’ll talk about what I do at a later date, but trust me when I say that you will die. Not literally, but in a very figurative sense you will die. And, the job is legal! I talked so much trash for years about not wanting to be a traditional lawyer, and it turns out that’s exactly what I will be for the next few years. I may even learn to like this profession.

For all who have read this weekly column and seen the evolution of my complaints, thank you for bearing with me.  For all who had a similarly unfortunate 2013 and are looking forward to an awesome 2014, it’s coming.

Lastly, “Life of a Legal Post Grad” is about to get a lot more legal. Sorry in advance!

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of [Timothy Wildey via Flickr]

.gifs courtesy of RealityTVgifs

 

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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