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University of Miami Law School

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University of Miami Race & Social Justice Law Review

Family Law

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Full-Text Articles in Law

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 Jan 2022

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 …


The Hidden Foster Care System: A Parallel System In Legal Limbo During A Deadly Pandemic, Megan Schmidt Jan 2022

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 …


English Courts And Transnational Islamic Divorces: What Role For Personal Liberty Of Muslim Women?, Ilias Bantekas Jan 2022

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 …