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Full-Text Articles in Law

Legal Paternalism And The Eclipse Of Principle, R. George Wright Nov 2016

Legal Paternalism And The Eclipse Of Principle, R. George Wright

University of Miami Law Review

Legal paternalism involves, very roughly, requiring persons to do something for their own good. We often think of debates between legal paternalists and non-paternalists as taking place largely at the level of broad, basic principle. This Article argues, however, that in our culture, disputes over the proper scope of legal paternalism will increasingly focus not on issues of basic principle, but on much more detailed, concrete, particular, contextualized matters. The four major reasons for this eclipse of basic principles bearing upon legal paternalism are herein identified, explored, and illustrated.


No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith Nov 2016

No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith

University of Miami Law Review

Pimps and johns who sexually exploit children garner instant public and scholarly outrage for their lust for a destructive “quick fix.” In actuality, many justifiably concerned scholars, policymakers, and members of the public continue to react over-simplistically and reflexively to the issue of child sex trafficking in the United States—also known as commercial sexual exploitation of children (CSEC)—in a manner intellectually akin to immediate gratification. Further, research reveals that the average john is an employed, married male of any given race or ethnicity, suggesting that over-simplification and knee-jerk thinking on CSEC are conspicuous. This Article raises provocative questions that too …


Abetting Mass Prison Escape: A Defense, David W. Frank Aug 2016

Abetting Mass Prison Escape: A Defense, David W. Frank

University of Miami Race & Social Justice Law Review

No abstract provided.


“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox Aug 2016

“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox

University of Miami Race & Social Justice Law Review

No abstract provided.