Law Commons^™

The Underwater: Using Art To Engage Communities Around Climate Action, Xavier Cortada

University of Miami Law Review

This Article delves into the intersection of art and environmental activism, with a focus on the impact of climate change. Cortada, both an artist and trained attorney, re-counts his three-decade journey leveraging art to inspire community engagement and address social and environmental challenges. He explains how Antarctic researchers made him aware of South Florida's vulnerability to sea level rise, leading to the development of interactive art projects that foster civic engagement and climate advocacy. The Article also addresses the challenges posed by climate denial and misinformation, emphasizing the need for creative strategies to combat these issues.

Cortada introduces specific participatory …

Condominium Law: How Florida Must Continue To Adapt In The Wake Of The Champlain Towers South Collapse, Austin Price

University of Miami Law Review

Condominiums represent a large portion of the housing inventory throughout the state of Florida. However, until recently, the maintenance of condominium buildings was left largely unregulated in most areas of the state. Only two counties, Broward and Miami-Dade, had inspection protocols in place, but each was limited in scope and allowed for long periods between inspections. Beyond those regulations, Florida law also gave residents the power to waive reserves even for the most important building components. After the tragic events that took place at Champlain Towers South, the state of Florida made great strides in improving the existing procedures by …

Let The Exceptions Do The Work: How Florida Should Approach Environmental Regulation After Cedar Point Nursery V. Hassid, Olivia Johnson

University of Miami Law Review

For nearly fifty years, courts distinguished between per se physical takings and regulatory takings. Yet, in 2021, the Supreme Court signaled a change of course with the monumental Cedar Point Nursery v. Hassid decision. The ruling challenges the government’s ability to mandate anything that impacts private property. In the face of environmental catastrophe and increasing pressure to assuage our climate crisis, how can governments respond without triggering a takings challenge?
Chief Justice Roberts in his majority decision may have left the door cracked open for governments to work around the Cedar Point Nursery ruling. By looking at the legacy of …

Expert Testimony By Public University Faculty: Exposing Doctrinal Deficiencies Of Academic Freedom As A Legal Right And Proposing A Solution Within The Public-Employee Speech Doctrine, Clay Calvert

University of Miami Law Review

When the University of Florida (“UF”) prohibited three professors in 2021 from serving as expert witnesses in a lawsuit filed against the State of Florida, the decision sparked a national debate about academic freedom and free speech at public universities. The professors also sued UF in federal court in Austin v. University of Florida Board of Trustees alleging a violation of their First Amendment rights. This Article asserts that the constitutional doctrine of academic freedom is sadly deficient for resolving such lawsuits. The Article explains, instead, that the public-employee speech doctrine provides the appropriate framework for analyzing cases filed by …

Slapping Back In Federal Court: Florida’S Anti-Slapp Statute, Harris Blum

University of Miami Law Review

Strategic Lawsuits Against Public Participation, or “SLAPPs,” are frivolous lawsuits used to silence and harass critics by forcing them to spend money on legal fees. An overwhelming majority of states have enacted anti-SLAPP statutes to shield against these lawsuits, recognizing their potential to chill free speech and healthy debate. Though anti-SLAPP statutes come in different shapes and sizes, they commonly employ procedural mechanisms such as expedited dismissal procedures, heightened standards at the pleading and summary judgment stages, and fee-shifting provisions. The unintended consequence of these features is that SLAPP filers can often elude the protections of anti-SLAPP statutes by filing …

The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson

University of Miami Law Review

As the federal appeals court with jurisdiction over Florida and Alabama—two leaders in capital punishment in the United States—the Eleventh Circuit reviews several claims each year related to capital punishment. Florida is home to one of the largest death row populations in the country. Thus, understanding Florida’s capital sentencing scheme is important for understanding capital punishment nationwide.

This Article analyzes the empirical demographics of Florida’s death row population and reviews how defendants are sentenced to death and ultimately executed in Florida. The analysis reveals that although age is not a factor upon which murder/manslaughter defendants are discriminated against in the …

Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr.

University of Miami Law Review

Once every twenty years, the Florida Constitution mandates the convening of a thirty-seven-member body that is charged with reviewing the state constitution and submitting any recommended changes to the general public for approval. This entity is formally known as the Constitution Revision Commission, and between March 2017 and May 2018, it met for the third time in Florida’s history. Eight amendments, some with multiple parts, were proposed, and if any of these proposals are approved by 60% of the voters in the November 2018 general election, they will become “the supreme law of the land” for the State of Florida.

Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer

University of Miami Law Review

In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendment because judges, rather than juries, found sentencing facts necessary to impose death. That Sixth Amendment ruling has implications for Florida’s Eighth Amendment jurisprudence.

Under the Eighth Amendment rule of Caldwell v. Mississippi, capital juries must appreciate their responsibility for death sentencing. Yet, Florida has instructed juries that their fact-findings merely support sentencing recommendations, while leaving the ultimate sentencing decision to a judge. Because Hurst clarifies that the Sixth Amendment requires juries to find the operative set of facts on which sentences are …

"Stand Your Ground" In Context: Race, Gender, And Politics, Donna Coker

University of Miami Law Review

No abstract provided.

"He's A Black Male … Something Is Wrong With Him!" The Role Of Race In The Stand Your Ground Debate, D. Marvin Jones

University of Miami Law Review

No abstract provided.

Shoot To Kill: A Critical Look At Stand Your Ground Laws, Tamara Rice Lave

University of Miami Law Review

No abstract provided.

Whatever Floats The "Reasonable Observer's" Boat: An Examination Of Lozman V.City Of Riviera Beach Fla. And The Supreme Court's Ruling That Floating Homes Are Not Vessels, Kathryn D. Yankowski

University of Miami Law Review

No abstract provided.

Fleeing Time Below The Poverty Line-Is It A Crime? C.E.L. V. State And Its Impact On Indigent Defense And Police-Citizen Relations, Theresa Nolan Breslin

University of Miami Law Review

No abstract provided.

The Federal Character Of Florida's Deceptive And Unfair Trade Practices Act, D. Matthew Allen, David L. Luck, Leah A. Sevi

University of Miami Law Review

No abstract provided.

Florida Appellate Mediation: Promising New Rules And Ethical Challenges, Erin E. Bohannon

University of Miami Law Review

No abstract provided.

A Trickle Of Cash For The River Of Grass: Federal Funding Of Comprehensive Everglades Restoration, A Critique And A Proposal, Kelly F. Taylor

University of Miami Law Review

No abstract provided.

Reining In On Mortgage Brokers: The Need To Enforce Existing Regulations, Nancy Funkhouser

University of Miami Law Review

No abstract provided.

Reflections Of Another Bush V. Gore Lawyer, Raquel A. Rodriguez

University of Miami Law Review

No abstract provided.

Florida's "Guns-At-Work" Law: Why It Has Employers Up In Arms And What The Florida Legislature Should Do About It, Esther Glazer-Esh

University of Miami Law Review

No abstract provided.

Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver

University of Miami Law Review

No abstract provided.

Loco Parents: A Case For The Overhaul Of Social-Host Liability In Florida, Smauel Randall

University of Miami Law Review

No abstract provided.

Unfinished Business: The Case For Continuing Special Voting Rights Act Coverage In Florida, Jonel Newman

University of Miami Law Review

No abstract provided.

Hope For Temporary Citizens Aboard Floating Cities: Carlisle V. Carnival Corporation, Kristopher E. Pearson

University of Miami Law Review

No abstract provided.

The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman

University of Miami Law Review

No abstract provided.

Lucha, The Struggle For Life: Legal Services For Battered Immigrant Women, Virginia P. Coto

University of Miami Law Review

No abstract provided.

Changing Condominium Construction Law In Florida...; The Extension Of The Contractor's Implied Warranty To "Materials", Colleen Grady

University of Miami Law Review

No abstract provided.

The Legality Of Denying State Foster Care To Illegal Alien Children: Are Abused And Abandoned Children The First Casualties In America's War On Immigration, Carolyn S, Salisbury

University of Miami Law Review

No abstract provided.

Should Preservation Be Used As Mitigation In Wetland Mitigation Banking Programs?: A Florida Perspective, Charles H. Ratner

University of Miami Law Review

No abstract provided.

Florida Constitutional Theory (For Clifford Alloway), Patrick O. Gudridge

University of Miami Law Review

No abstract provided.

Health Care Advance Directives: Implications For Florida Mental Health Patients, Lester J. Perling

University of Miami Law Review

No abstract provided.