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Articles 31 - 60 of 137
Full-Text Articles in Law
Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco
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
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
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
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
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 …
The Price Of Justice: Fines, Fees And The Criminalization Of Poverty In The United States, Lisa Foster
The Price Of Justice: Fines, Fees And The Criminalization Of Poverty In The United States, Lisa Foster
University of Miami Race & Social Justice Law Review
No abstract provided.
Fazaga V. Fbi: Putting The Force Back In The Foreignintelligence Surveillance Act, Christina Ferreiro
Fazaga V. Fbi: Putting The Force Back In The Foreignintelligence Surveillance Act, Christina Ferreiro
University of Miami Race & Social Justice Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Good For Thee, But Not For Me: How Bisexuals Are Overlooked In Title Vii Sexual Orientation Arguments, Michael Conklin
Good For Thee, But Not For Me: How Bisexuals Are Overlooked In Title Vii Sexual Orientation Arguments, Michael Conklin
University of Miami Race & Social Justice Law Review
No abstract provided.
Little Pink Flower With A Darker Story To Tell: The Role Of Emojis In Online Human Trafficking And Potential Fosta-Sesta Liability, Olivia Parise
Little Pink Flower With A Darker Story To Tell: The Role Of Emojis In Online Human Trafficking And Potential Fosta-Sesta Liability, Olivia Parise
University of Miami Race & Social Justice Law Review
There seems to be an emoji for every expression, thought, and feeling – even for human traffickers. Emojis have evolved into a primary lexicon for online human trafficking. This coded language has allowed online human traffickers to evade detection and prosecution. Courts and law enforcement are confused by the seemingly innocent use of emojis in advertisements and conversations that have serious human trafficking implications. Now, the code is cracked. Researchers have studied the intersection of emojis and human trafficking to such an extent that they have caught on to the secret online language of emojis. As the use of emojis …
Smart Homes: The Next Fourth Amendment Frontier, Christina A. Robinson
Smart Homes: The Next Fourth Amendment Frontier, Christina A. Robinson
University of Miami Race & Social Justice Law Review
Under the third-party search doctrine, an individual does not have a reasonable expectation of privacy in information he or she voluntarily discloses to third parties. “Always on” in-home technology creates recordings of unsuspecting consumers in their most intimate spaces and sends them to third party companies and their affiliates, which makes this information subject to warrantless search by law enforcement under the third- search doctrine. The third-party search doctrine is ill-suited to the digital age, where consumers are routinely required to volunteer information to third parties in order to access digital content. This Note suggests that a warrant should be …
Queering The Dream—The Impact Trump’S Decision Has On Lgbtq+ Dreamers, Candelario Saldana
Queering The Dream—The Impact Trump’S Decision Has On Lgbtq+ Dreamers, Candelario Saldana
University of Miami Race & Social Justice Law Review
On June 15, 2012, President Obama created the Deferred Action for Childhood Arrivals (“DACA”) program, which was an exercise of prosecutorial discretion that provided temporary relief from deportation to youth known as Dreamers. On September 5, 2017, the Trump administration announced that it would begin phasing out the program. The fate of the program has recently been litigated in courts including the Supreme Court, with a decision pending from the Supreme Court anytime in 2020 (although there is a push to stall a decision due to the COVID-19 pandemic). In this article I discuss the historical context of DACA and …
Facing The Future With Fosta: Examining The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017, Caitlyn Burnitis
Facing The Future With Fosta: Examining The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017, Caitlyn Burnitis
University of Miami Race & Social Justice Law Review
On April 11, 2018, President Trump signed the Stop Enabling Sex Trafficking Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) package into effect. This law amends Section 230 of the Communications and Decency Act that provides safe harbors for website hosts. Under the amended law, these safe harbor laws that provide websites civil liability immunity for the actions of their users would now exclude enforcement of federal and state sex trafficking laws. While many praised the passage of this law, many others raised concerns about its effect on free speech, prosecution, and sex workers. …
Ten Years Fighting Hate, David A. Hall
Ten Years Fighting Hate, David A. Hall
University of Miami Race & Social Justice Law Review
On October 28, 2009, President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (“the Act”). One of the goals of the Act was to broaden protections against crimes motivated by hatred for a person’s group membership (her perceived race, national origin, gender or gender identity, sexual orientation, disability, or religion). The Act intends to address the need for US law to recognize the particularly destructive and virulent nature of crimes motivated by this kind of animus toward minority groups. Such crimes can often have an outsized effect, because they are intended to …
A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag, Nicholas Mignanelli, Sarah C. Slinger
A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag, Nicholas Mignanelli, Sarah C. Slinger
University of Miami Race & Social Justice Law Review
Are the red bars found on Florida’s state flag a remnant of early twentieth-century nostalgia for the Confederacy? Who first proposed this design and why? What did this change mean to the citizens who witnessed it? This Article is an attempt to answer these questions by approaching them through the lenses of original intent and original meaning. In doing so, the Authors advance new strategies for decision-makers interested in uncovering the motives of those who first erected or affixed allegedly Confederate monuments and symbols.
Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew
Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew
University of Miami Race & Social Justice Law Review
No abstract provided.
Extraordinary And Compelling: Madison V. Alabama And The Issue Of Prison Reform For Elderly Prisoners, Jennifer Leto
Extraordinary And Compelling: Madison V. Alabama And The Issue Of Prison Reform For Elderly Prisoners, Jennifer Leto
University of Miami Race & Social Justice Law Review
No abstract provided.
Who Ya Gonna Call? An Analysis Of Paradigm Shifts And Social Harms As A Result Of Hyper-Viral Police Violence, Ariana H. Aboulafia
Who Ya Gonna Call? An Analysis Of Paradigm Shifts And Social Harms As A Result Of Hyper-Viral Police Violence, Ariana H. Aboulafia
University of Miami Race & Social Justice Law Review
No abstract provided.
Centering Race At The Medical-Legal Partnership In Hawai’I, Dina Shek
Centering Race At The Medical-Legal Partnership In Hawai’I, Dina Shek
University of Miami Race & Social Justice Law Review
No abstract provided.
The Impact Of Racism On Maternal Health Outcomes For Black Women, Gabrielle T. Wynn
The Impact Of Racism On Maternal Health Outcomes For Black Women, Gabrielle T. Wynn
University of Miami Race & Social Justice Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez-Martínez
Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez-Martínez
University of Miami Race & Social Justice Law Review
No abstract provided.
Good Parents: The Homonormative Appropriation Of Children Of Color, Cassandra Hall
Good Parents: The Homonormative Appropriation Of Children Of Color, Cassandra Hall
University of Miami Race & Social Justice Law Review
No abstract provided.
Interest Convergence And The Extension Of U.S. Citizenship To Puerto Rico, Charles R. Venator-Santiago
Interest Convergence And The Extension Of U.S. Citizenship To Puerto Rico, Charles R. Venator-Santiago
University of Miami Race & Social Justice Law Review
No abstract provided.
Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear
Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear
University of Miami Race & Social Justice Law Review
No abstract provided.
Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac
Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac
University of Miami Race & Social Justice Law Review
No abstract provided.
What We Can Do Now? Addressing Intersectionality Challenges In Work And Social Structures, The Single Academic Woman Of Color As An Exceptional Case, Loretta A. Moore, Angela Mae Kupenda, Deidre L. Wheaton, Michelle D. Deardorff, Evelyn J. Leggette
What We Can Do Now? Addressing Intersectionality Challenges In Work And Social Structures, The Single Academic Woman Of Color As An Exceptional Case, Loretta A. Moore, Angela Mae Kupenda, Deidre L. Wheaton, Michelle D. Deardorff, Evelyn J. Leggette
University of Miami Race & Social Justice Law Review
No abstract provided.