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Challenging The Status Quo: An Integrated Approach To Dismantling The School-To-Prison Pipeline, Nancy G. Abudu, Ron E. Miles
Challenging The Status Quo: An Integrated Approach To Dismantling The School-To-Prison Pipeline, Nancy G. Abudu, Ron E. Miles
St. Thomas Law Review
When it comes to challenging school disciplinary policies that have an especially disparate and negative impact on students of color and students with disabilities, courts cannot be the sole or final arbiter for addressing this serious problem. Rather than acting as a discouraging force, courts routinely uphold these disruptive school disciplinary policies and end up being a major conduit in the "School-to-Prison Pipeline" (STPP). The STPP refers to the phenomenon of over-disciplining minors, which in turn results in their suspension, expulsion, and in some cases, incarceration. With limited exceptions, the cases that parents have brought on behalf of their children …
Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood
Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood
St. Thomas Law Review
This Comment brings reconciliation between the majority and minority opinions in Strieff by proposing a solution that will uphold Fourth Amendment rights and public safety. Part II explores the Fourth Amendment by tracing the origins of the exclusionary rule, and then discusses the Court's first step in undermining constitutional rights in Terry v. Ohio. Part III discusses the Court's trend of weakening Fourth Amendment rights and provides an in-depth analysis of the impact its most recent Fourth Amendment ruling, Strieff will have on Blacks and lower socioeconomic citizens. Part IV provides a comprehensive solution, suggesting a warrant hierarchy system that …
A Right Without A Remedy: Time Runs Out Before The Right To File Accrues For Successive Habeas Corpus Petitioners, Agnieszka Chiapperini
A Right Without A Remedy: Time Runs Out Before The Right To File Accrues For Successive Habeas Corpus Petitioners, Agnieszka Chiapperini
St. Thomas Law Review
"An inscription on the walls of the Department of Justice states the proposition candidly for the federal domain: 'The United States wins its point whenever justice is done its citizens in the courts."" The importance that finality of convictions has on our society comes only second to ensuring that those who were convicted and sentenced were treated fairly. The availability of post-conviction relief to prisoners is a vital function of our criminal justice system, not as a means of "loopholes" criminals can use to be set free, but to ensure that all of our citizens are treated justly and within …
Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer
Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer
Intercultural Human Rights Law Review
Section I of this article will provide updated statistical data on human trafficking in California, demonstrating increased consciousness, heightened awareness and the ongoing search for effective tools. Sections II and III will highlight the important psychological and practical economic impact asset forfeiture laws have on crime. These sections will also provide a comprehensive review how forfeiture is currently implemented in the fight against human trafficking. Sections IV and V will argue why human trafficking crimes must be subjected to California's civil asset forfeiture laws: how civil forfeiture reduces both the supply-side and demand-side of trafficked victims. It will also provide …
Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes
Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes
Intercultural Human Rights Law Review
On the afternoon of February 26, 2012, George Zimmerman (Zimmerman) drove through his neighborhood when he spotted a "suspicious black male" and decided to inform the authorities. Seventeen-year-old Trayvon Martin (Martin) was walking home after purchasing a bag of Skittles at a nearby 7-Eleven. Instructed by a police dispatcher, Zimmerman was to stay in his vehicle and avoid Martin. Zimmerman ignored the dispatcher's instructions and decided to approach Martin. Zimmerman consequently entered into an altercation with Martin, who was unarmed. Moments later, Zimmerman shot Martin, and claimed self-defense. A claim of self-defense under a Stand Your Ground theory enables an …