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Articles 31 - 60 of 207
Full-Text Articles in Entire DC Network
The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson
The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson
University of Miami Law Review
As the federal appeals court with jurisdiction over Florida and Alabama—two leaders in capital punishment in the United States—the Eleventh Circuit reviews several claims each year related to capital punishment. Florida is home to one of the largest death row populations in the country. Thus, understanding Florida’s capital sentencing scheme is important for understanding capital punishment nationwide.
This Article analyzes the empirical demographics of Florida’s death row population and reviews how defendants are sentenced to death and ultimately executed in Florida. The analysis reveals that although age is not a factor upon which murder/manslaughter defendants are discriminated against in the …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Who Ya Gonna Call? An Analysis Of Paradigm Shifts And Social Harms As A Result Of Hyper-Viral Police Violence, Ariana H. Aboulafia
Who Ya Gonna Call? An Analysis Of Paradigm Shifts And Social Harms As A Result Of Hyper-Viral Police Violence, Ariana H. Aboulafia
University of Miami Race & Social Justice Law Review
No abstract provided.
A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran
A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran
University of Miami Law Review
The Eighth Amendment prohibits cruel and unusual punishment in the criminal justice system. As the federal government looks to reinstate the death penalty, this Note argues that it should include firing squad as an option for carrying out executions. While firing squads may shock the senses, this Note argues that they are in fact the only way to comport with the requirements of the Eighth Amendment.
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
University of Miami Law Review
The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri
Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri
Articles
In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call. Together they have embraced the inner city as a context for experiential learning, qualitative research, and legal-political advocacy regarding concentrated poverty, neighborhood disadvantage, residential segregation, and mass incarceration. Indeed, for academics, advocates, and activists alike, the inner city stands out as a focal point of …
A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper
A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper
University of Miami Law Review
President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men.
Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels …
After Life: Governmental Interests And The New Antiabortion Incrementalism, Mary Ziegler
After Life: Governmental Interests And The New Antiabortion Incrementalism, Mary Ziegler
University of Miami Law Review
In the aftermath of the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt, commentators have focused on the effect of antiabortion restrictions. But as this Article shows, Whole Woman’s Health is part of the story of an equally important tactic used by those chipping away at abortion rights: the recognition of new governmental interests justifying abortion regulations. Using original archival research, this Article traces the rise of this strategy and documents its influence on Supreme Court doctrine, making sense of what seem to be contradictory rulings on abortion.
How should courts deal with novel legislative purposes or broader …
A Monumental Undertaking – Tackling Vestiges Of The Confederacy In The Florida Landscape, Juanita Solis
A Monumental Undertaking – Tackling Vestiges Of The Confederacy In The Florida Landscape, Juanita Solis
University of Miami Race & Social Justice Law Review
Symbols of the Confederacy have been a volatile topic across the country as recent events have spurred new resistance to their display. Part I of this note provides a brief introduction into the current controversy surrounding Confederate monuments in the United States, with a particular emphasis on the erected memorials in the Florida landscape. Part II argues that Confederate monuments were mainly erected with the intention of advancing racial subordination during time periods in American history where black Americans resisted white supremacy. As shown by the events that followed right–wing violence in both South Carolina and Virginia, this note argues …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Juvenile Status Offenses: The Prejudicial Underpinnings Of The Juvenile Justice System, Zachary Auspitz
Juvenile Status Offenses: The Prejudicial Underpinnings Of The Juvenile Justice System, Zachary Auspitz
University of Miami Race & Social Justice Law Review
No abstract provided.
The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby
Articles
Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen
Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?
But while these stories of everyday individuals …
The Five Stages Of Lgbtq Discrimination And Its Effects On Mass Incarceration, Michael D. Braunstein
The Five Stages Of Lgbtq Discrimination And Its Effects On Mass Incarceration, Michael D. Braunstein
University of Miami Race & Social Justice Law Review
Although the Supreme Court’s recent decision in Obergefell v. Hodges provided some indication of equality for members of the LBGTQ community, the sad truth is that discrimination against those who do not identify as “heterosexual” reaches far deeper than the right to marry. This discrimination is especially present with regards to biased treatment by law enforcement officers and a lack of accommodations or protections within the court and prison systems. In a nation that has seen various groups of people fight for and earn their equality over and over again, it is truly concerning that the LGBTQ community is still …
Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez
Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez
University of Miami Law Review
No abstract provided.
Government Employee Religion, Caroline Mala Corbin
Government Employee Religion, Caroline Mala Corbin
Articles
Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus driver who insists on wearing a hijab. The clerk is fired for failing to fulfill job responsibilities and the bus driver for violating official dress codes. Both claim that their termination violates the First Amendment speech and religion clauses.
There is a well-developed First Amendment government employee speech jurisprudence. Less developed is the doctrine and literature for First Amendment government employee religion. The existing Free Exercise Clause jurisprudence usually does not specifically account for the government employee context. This Article attempts …
Valuing Identity, Osamudia R. James
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
Articles
The ever-expanding Free Speech Clause has made possible claims that would have been unthinkable until recently. This symposium Essay examines the compelled speech claims of two hypothetical county clerks who believe that marriage should be limited to unions between one man and one woman, and who argue that forcing them to issue marriage licenses to gay and lesbian couples compels them to speak in favor of same-sex marriage in violation of the Free Speech Clause.
When a government employee such as a county clerk speaks, she may not be speaking as just a private individual. She may also be speaking …
Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue
Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue
University of Miami Race & Social Justice Law Review
This Article provides two principal contributions to the study of wrongful convictions. First, it fills a gap in the literature by clarifying the scope of a capital defendant’s constitutional right to use statistics when attacking a wrongful conviction caused by racial bias in jury selection. In doing so, the Article not only examines the content of the Court’s jurisprudence but it also explores the historical “arc” toward greater evidentiary protections. This arc has been guided primarily by the realization that prior narrower solutions have been ineffective at combating racially-motivated peremptory strikes. The Article will also place modern statistical evidence in …
The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello
University of Miami Business Law Review
No abstract provided.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
University of Miami Business Law Review
No abstract provided.
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
University of Miami Business Law Review
No abstract provided.
It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell
University of Miami Business Law Review
No abstract provided.
Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon
Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon
University of Miami Business Law Review
No abstract provided.
Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber
Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber
University of Miami Business Law Review
No abstract provided.
Expanding Public Safety In The Era Of Black Lives Matter, Nicole D. Porter
Expanding Public Safety In The Era Of Black Lives Matter, Nicole D. Porter
University of Miami Law Review
Traditional public safety responses to crime involve interactions with the criminal justice system. However, recent killings by police of unarmed black men, women, and children have led to a national dialogue on the fundamental strategy of public safety. The narrative of “Black Lives Matter” offers a new framework for policymakers, activists, practitioners, and other stakeholders to think about a public safety strategy that is not solely defined by arrests and admissions to prison. This essay provides an overview of evidence-based approaches for public safety interventions that exist outside of law enforcement interactions.
Advancing A Human Rights Framework To Reimagine The Movement To End Gender Violence, Rosie Hidalgo
Advancing A Human Rights Framework To Reimagine The Movement To End Gender Violence, Rosie Hidalgo
University of Miami Race & Social Justice Law Review
No abstract provided.
Panel On Campus And Youth Respond To Gender Violence (Transcript), Mary Anne Franks, Laura Dunn, Rebecca Wyss, Jessica Williams
Panel On Campus And Youth Respond To Gender Violence (Transcript), Mary Anne Franks, Laura Dunn, Rebecca Wyss, Jessica Williams
University of Miami Race & Social Justice Law Review
No abstract provided.
Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh Goodmark
Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh Goodmark
University of Miami Race & Social Justice Law Review
No abstract provided.