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Full-Text Articles in Law

Justice Scalia Got It Right, But For The Wrong Reasons: Scalia’S Recognition Of The Supreme Court’S “Southern Exception” In U.S. Constitutional Jurisprudence And The Connection Of “Southern Exceptionalism” To “American Exceptionalism", James D. Wilets Nov 2019

Justice Scalia Got It Right, But For The Wrong Reasons: Scalia’S Recognition Of The Supreme Court’S “Southern Exception” In U.S. Constitutional Jurisprudence And The Connection Of “Southern Exceptionalism” To “American Exceptionalism", James D. Wilets

University of Miami Law Review

The late Justice Scalia has repeatedly and sardonically noted that the Supreme Court has discounted the views of Southern states in determining whether there is a consensus among the states with regards to a Constitutional norm. This Article has termed that Supreme Court position as “Southern Exception” and can be viewed as an effort by some Justices to address the unique social, economic, religious and cultural traditions in the South engendered by its unique" and “exceptional” history. This Article will also explore how this "Southern Exception" affected American jurisprudence to the point of rendering it "exceptional" from much of the ...


Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless Jan 2017

Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless

Articles

No abstract provided.


Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless Jan 2017

Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless

Articles

No abstract provided.


Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley Jan 2014

Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley

Articles

No abstract provided.


Abortion Distortions, Caroline Mala Corbin Jan 2014

Abortion Distortions, Caroline Mala Corbin

Articles

No abstract provided.


The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott Oct 2013

The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott

University of Miami Inter-American Law Review

No abstract provided.


Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier Apr 2013

Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier

University of Miami Inter-American Law Review

No abstract provided.


Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz Apr 2009

Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz

University of Miami Law Review

No abstract provided.


Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes Jan 2007

Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes

Articles

No abstract provided.


Dworkin In The Desert Of The Real, David Gray Carlson Jul 2006

Dworkin In The Desert Of The Real, David Gray Carlson

University of Miami Law Review

No abstract provided.


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Jan 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.


Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer Jan 1994

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.


Subject: Object, Jeanne L. Schroeder Sep 1992

Subject: Object, Jeanne L. Schroeder

University of Miami Law Review

No abstract provided.


Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein Mar 1991

Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein

University of Miami Law Review

No abstract provided.


Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng Jan 1991

Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng

University of Miami International and Comparative Law Review

No abstract provided.


The Hohfeldian Approach To Law And Semiotics, J. M. Balkin May 1990

The Hohfeldian Approach To Law And Semiotics, J. M. Balkin

University of Miami Law Review

No abstract provided.


Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato Jan 1989

Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato

University of Miami Law Review

No abstract provided.


Foreword, Kevin Dorse Nov 1986

Foreword, Kevin Dorse

University of Miami Law Review

No abstract provided.


An Outline Of Takings, Richard A. Epstein Nov 1986

An Outline Of Takings, Richard A. Epstein

University of Miami Law Review

No abstract provided.


The Malthusian Constitution, Thomas C. Grey Nov 1986

The Malthusian Constitution, Thomas C. Grey

University of Miami Law Review

No abstract provided.


Proceedings Of The Conference On Takings Of Property And The Constitution Nov 1986

Proceedings Of The Conference On Takings Of Property And The Constitution

University of Miami Law Review

No abstract provided.


The Consequences Of Conceptualism, Margaret Jane Radin Nov 1986

The Consequences Of Conceptualism, Margaret Jane Radin

University of Miami Law Review

No abstract provided.


Two Faces Of Liberalism, Cass R. Sunstein Nov 1986

Two Faces Of Liberalism, Cass R. Sunstein

University of Miami Law Review

No abstract provided.


A Last Word On Eminent Domain, Richard A. Epstein Nov 1986

A Last Word On Eminent Domain, Richard A. Epstein

University of Miami Law Review

No abstract provided.


Takings Of Property And Constitutional Serendipity, Larry Alexander Nov 1986

Takings Of Property And Constitutional Serendipity, Larry Alexander

University of Miami Law Review

No abstract provided.


A Reflection On Epstein And His Critics, Ellen Frankel Paul Nov 1986

A Reflection On Epstein And His Critics, Ellen Frankel Paul

University of Miami Law Review

No abstract provided.


The Reason Of The Common Law, Barbara A. Singer Sep 1983

The Reason Of The Common Law, Barbara A. Singer

University of Miami Law Review

Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law.


Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer Sep 1983

Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


The Persistence Of Classical Style, Patrick O. Gudridge Jan 1983

The Persistence Of Classical Style, Patrick O. Gudridge

Articles

No abstract provided.


Vested Seniority Rights: A Conceptual Approach, Francis A. Citera Jul 1982

Vested Seniority Rights: A Conceptual Approach, Francis A. Citera

University of Miami Law Review

Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.