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University of Miami Law School

Journal

University of Miami Race & Social Justice Law Review

COVID-19

Articles 1 - 8 of 8

Full-Text Articles in Law

How To Protect Special Education During Covid-19: From The Courts To The Capitol, Sarah Coleman May 2022

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.


Confrontation During Covid: A Fundamental Right, Virtually Guaranteed, Daniel Robinson Jan 2022

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 …


Foreword: Promoting And Defending Civil Rights In A Time Of Coronavirus, Elizabeth M. Iglesias May 2021

Foreword: Promoting And Defending Civil Rights In A Time Of Coronavirus, Elizabeth M. Iglesias

University of Miami Race & Social Justice Law Review

No abstract provided.


Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco May 2021

Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco

University of Miami Race & Social Justice Law Review

No abstract provided.


Border Solutions From The Inside, Raquel E. Aldana May 2021

Border Solutions From The Inside, Raquel E. Aldana

University of Miami Race & Social Justice Law Review

No abstract provided.


Covid-19, Lying, Mask-Less Exposures And Disability During A Pandemic, Madeleine M. Plasencia May 2021

Covid-19, Lying, Mask-Less Exposures And Disability During A Pandemic, Madeleine M. Plasencia

University of Miami Race & Social Justice Law Review

This article focuses on disability law in the context of COVID-19. In dealing with this pandemic, businesses, schools and other covered entities have to navigate and manage (at least) three different categories of people congregating. First are those who act as if there were no pandemic at all; they simply do not care if they are contagious and insist upon not complying with safety precautions, such as mask-wearing and social distancing; second are people who have medical conditions that make them especially vulnerable and at high-risk for severe symptoms associated with the infection; third are people who have already contracted …


Covid-19 And The Caregiving Crisis: The Rights Of Our Nation’S Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley May 2021

Covid-19 And The Caregiving Crisis: The Rights Of Our Nation’S Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley

University of Miami Race & Social Justice Law Review

On March 2020, the United States declared a pandemic due to the global Covid-19 virus. Across the nation and within a matter of days, workplaces, schools, childcare, and eldercare facilities shuttered. People retreated to their homes to shelter-in-place and slow the spread of the virus for what would become a much longer time than most initially anticipated. Now, more than a year into the pandemic, many professional and personal lives have been upended and become inextricably intertwined. Work is now home, and home is now work. Work is completed at all times of day and well into the night. Children …


Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias May 2021

Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias

University of Miami Race & Social Justice Law Review

Our own experience has corroborated the lessons taught by the examples of other nations; . . . that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction. Should such emergencies at any time happen under the national government, there could be no remedy …