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Articles 1 - 15 of 15
Full-Text Articles in Law
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo
Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo
University of Miami Race & Social Justice Law Review
Children are often regarded as the most sacred beings in all of society—appealing to our collective sense of human dignity and protecting the most vulnerable. Mothers fiercely protecting their young children from perceived dangers is ostensibly a natural and moral response. This notion of the loving mother is in stark contrast to filicide, or the act of a parent murdering their child. It is a bedrock principle of the American criminal-justice system that a defendant is not responsible for their actions if the defendant was “laboring under such a defect of reason, from a disease of the mind, as not …
Closing The Gates To Racial Parity: Venture Philanthropy’S Perpetuation Of Racial Disparities In The Educational Sphere, Lauren Silk
University of Miami Race & Social Justice Law Review
In the decades-long rise of neoliberalism, venture philanthropy has emerged as a respected solution towards addressing reforms to public education. Private foundations such as the Bill and Melinda Gates Foundation have led the charge for education development in the United States. However, the infusion of private donations and adoption of business models to a public good have not improved educational outcomes. This article addresses the role of venture philanthropy in reinforcing racial and economic disparities in educational resources and attainment through the lens of Gates Foundation initiatives. Specifically, the article dissects the role of neoliberalism in crafting education policies through …
How To Protect Special Education During Covid-19: From The Courts To The Capitol, Sarah Coleman
How To Protect Special Education During Covid-19: From The Courts To The Capitol, Sarah Coleman
University of Miami Race & Social Justice Law Review
The COVID-19 pandemic has forced students around the country out of brick-and-mortar schools and into virtual classrooms. While the switch to remote learning has helped keep students and teachers safe from contracting the virus, students with disabilities have largely been deprived of a meaningful education and in person services mandated under federal law. This essay will explain how students have been denied a free appropriate public education (FAPE) under the Individuals with Disabilities Act (IDEA), how litigation has been unsuccessful in creating systemic change for these students, and how public policy by U.S. legislators can offer a solution.
Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell
Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell
University of Miami Race & Social Justice Law Review
For years, Black people have been forced to place extra thought into their appearance, especially in the workplace. Extra thought and extra effort all to avoid being looked down upon as unkept or unprofessional. Finally, there is a wave of legislation being introduced and passed to rectify this problem. While strides are being made, there is still much work to be done. The amount of work left to be done is illustrated by a slew of unfavorable federal cases brought in the face of discrimination against Black hair and hairstyles. This paper explores one of those cases as well as …
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara
University of Miami Race & Social Justice Law Review
The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law enforcement agencies train animals …
Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie
Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie
University of Miami Race & Social Justice Law Review
This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon’s scholarship on colonial violence and the dehumanization of Indigenous people as a framework to understand the history of legalized racism against Indigenous people in the United States. Fanon’s analysis allows us to understand how language is used to dehumanize Native people in order to establish a system of hierarchy that informs the societal roles of the colonizer and the colonized. The paper …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Citizens For Strong Schools, Inc., Et Al. V. Florida State Board Of Education, Et Al.: How The Florida Supreme Court Decision Will Have Distressing Effects On Public Education For Vulnerable Children, Kristen Calzadilla
University of Miami Race & Social Justice Law Review
Free public-school education is fundamental aspect to many citizens life, liberty, and pursuit of happiness in the United States. As states add constitutional provisions guaranteeing a public education, there are still great disproportionalities in the adequacy pf education provided to underrepresented students. Such are the issues at the heart of the recent Florida Supreme Court case, Citizens for Strong Schools, Inc., et al. v. Florida State Board of Education, et al. Citizens for Strong Schools throws its hat into the contentious debate over equitable educational standards. However, despite other state supreme courts’ rulings that similar provisions in the state constitutions …
“Officer-Involved Shootings”: How The Exonerative Tense Of Media Accounts Distorts Reality, Michael Conklin
“Officer-Involved Shootings”: How The Exonerative Tense Of Media Accounts Distorts Reality, Michael Conklin
University of Miami Race & Social Justice Law Review
In “Officer-Involved Shootings”: How the Exonerative Tense of Media Accounts Distorts Reality, the author examines how the use of passive language absolves officers from public and media accountability after a shooting. This Article reports the findings of a first-of-its-kind study designed to measure how the use of the phrase “officer-involved shooting” affects public perceptions of police behavior justifications.
The Hidden Foster Care System: A Parallel System In Legal Limbo During A Deadly Pandemic, Megan Schmidt
The Hidden Foster Care System: A Parallel System In Legal Limbo During A Deadly Pandemic, Megan Schmidt
University of Miami Race & Social Justice Law Review
In 2020, Josh Gupta-Kagan’s article on the American Hidden Foster System challenged the welfare system to face its coercive practices that effectuate in a child being removed from the home without formal state intervention and court oversight.1 Families find themselves struggling to stay together as child protection workers utilize threats and safety plans to force the removal of a child from the home and into the custody of a family member.2 The children’s, the parents’, and the kinship caregivers’ lives are forever impacted by the welfare state, yet they receive insufficient benefits or protections afforded to families, caregivers, and children …
Confrontation During Covid: A Fundamental Right, Virtually Guaranteed, Daniel Robinson
Confrontation During Covid: A Fundamental Right, Virtually Guaranteed, Daniel Robinson
University of Miami Race & Social Justice Law Review
The novel threats posed to our criminal justice system by the COVID-19 pandemic and attendant shutdowns of courts beg the question of whether our must fundamental pillars of law can withstand the ultimate test of time. And inherent in the ultimate test of time is the ultimate test of technology—this is, will there come a time that technology outgrows the confines of our legal landscape? Consider this: The United States Constitution guarantees every criminal defendant the right to confront their accuser in court; yet, for a substantial period of time in 2020, court, as we knew it, was nothing more …
The Dangers Of Racial Gerrymandering In The Frontline Fight For Free And Fair Elections, Laura Odujinrin
The Dangers Of Racial Gerrymandering In The Frontline Fight For Free And Fair Elections, Laura Odujinrin
University of Miami Race & Social Justice Law Review
Since its founding, the United States has counted democratic elections as a fundamental tenet of democracy. Redistricting ensures that elections are free, fair, and representative of the people. This process requires that every ten years, after the national census, congressional, state, and local districts are redrawn, if necessary, to reflect changes in population to ensure that district populations are equal. What should be a simple calculation, has become step one in a political party’s bid to maintain or gain power. This has led to countless legal battles and minority populations left without adequate representation. In turn, this lack of representation …
English Courts And Transnational Islamic Divorces: What Role For Personal Liberty Of Muslim Women?, Ilias Bantekas
English Courts And Transnational Islamic Divorces: What Role For Personal Liberty Of Muslim Women?, Ilias Bantekas
University of Miami Race & Social Justice Law Review
English courts consider the validity of a talaq obtained abroad on the basis of the lex matrimonii, without examining whether the circumstance of the divorce, both factual and legal, offend English public policy. An anthropological inquiry into talaq obtained in most Muslim nations reveals that androcentric culture – as opposed to religious prescription as such – largely distorts the Quranic vision of this institution. This author suggests that English courts and the scholarly/religious community should entertain the notion of the contractual nature of nikah (marriage) in order to assess the consequences of the talaq. If a nikah is entered into …
Revengence Taken: Russian Active Measures And Our Entrenched Racial Divide, Erin Berhan
Revengence Taken: Russian Active Measures And Our Entrenched Racial Divide, Erin Berhan
University of Miami Race & Social Justice Law Review
Our racial divide has always been a national security threat. An early observer of our American project, Alexis de Tocqueville, wrote about this threat to our future union in “Democracy in America,” learned by merely travelling the young nation thirty years before our Civil War.1 Despite generations of societal and legal evolution, our nation has not overcome the wounds and disabilities that our racial divide left behind — now ripe for modern security threats. In 2019, the United States Senate Select Committee on Intelligence released Volume II of their years long investigation into Russian Active Measures of interference with our …