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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 ...


The Unlikely Duo That Shocked The Intellectual Property World And Why The Supreme Court Was The Chosen One To Restore Balance, Nicholas Dilts May 2019

The Unlikely Duo That Shocked The Intellectual Property World And Why The Supreme Court Was The Chosen One To Restore Balance, Nicholas Dilts

University of Miami Law Review

The United States Congress passed the Leahy Smith America Invents Act in 2011 in an effort to streamline the patent system and reduce patent litigation, allowing the United States to continue to be competitive globally. The Act enabled the U.S. Patent Office to facilitate patent challenges through an administrative process called inter partes review, an adversarial proceeding before the newly established Patent Trial and Appeal Board that was designed to be a cheaper and more efficient alternative for post-grant patent review than litigation in front of the federal district courts. In the years that followed, the Patent Trail and ...


Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin Jan 2019

Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin

Articles

No abstract provided.


The Uncertain Path Of Class Action Law, Sergio J. Campos Jan 2019

The Uncertain Path Of Class Action Law, Sergio J. Campos

Articles

For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doing so, the Court has revised the law to better accord with a view of the class action as an exception to an idealized picture of litigation. This "exceptional" view of the class action has had a profound impact not only on class action law, but on procedural and substantive law in general. However, in the October 2015 term the Court decided three class action cases that support an alternative, 'functional" view of the class action, one that does not view ...


After Life: Governmental Interests And The New Antiabortion Incrementalism, Mary Ziegler Oct 2018

After Life: Governmental Interests And The New Antiabortion Incrementalism, Mary Ziegler

University of Miami Law Review

In the aftermath of the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt, commentators have focused on the effect of antiabortion restrictions. But as this Article shows, Whole Woman’s Health is part of the story of an equally important tactic used by those chipping away at abortion rights: the recognition of new governmental interests justifying abortion regulations. Using original archival research, this Article traces the rise of this strategy and documents its influence on Supreme Court doctrine, making sense of what seem to be contradictory rulings on abortion.

How should courts deal with novel legislative purposes ...


Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson Oct 2018

Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson

University of Miami Law Review

Federal law exerts a gravitational force on state actors, resulting in widespread conformity to federal law and doctrine at the state level. This has been well recognized in the literature, but scholars have paid little attention to this phenomenon in the context of constitutional property. Traditionally, state takings jurisprudence—in both eminent domain and regulatory takings—has strongly gravitated towards the Supreme Court’s takings doctrine. This long history of federal-state convergence, however, was disrupted by the Court’s controversial public use decision in Kelo v. City of New London. In the wake of Kelo, states resisted the Court’s ...


Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin Jan 2018

Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin

Articles

No abstract provided.


Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel Aug 2017

Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel

University of Miami Law Review

For the first 200 years of its history, the United States Supreme Court served as the primary leader in the development of, and its cases the primary source of, the admiralty and maritime law of the United States. That appears to be changing. The Court’s admiralty cases over the last quarter century indicate that it is slowly giving up its traditional leading role in creating and developing rules of admiralty law, and instead deferring to Congress to make those rules, a trend that is tantamount to abandoning its Article III constitutional duty to serve as the country’s only ...


Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez Apr 2017

Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez

University of Miami Law Review

The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question—one of recognized significance for contemporary debates about the proper scope of habeas review. This Article provides a new answer. It argues that, until the enactment of Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it was broadly accepted that state prisoners were entitled to plenary federal review of the legal and mixed law/fact questions decided against them by state courts. Until 1916, such review was provided by the Supreme ...


From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes Jan 2017

From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes

Articles

No abstract provided.


The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith Aug 2016

The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith

University of Miami Race & Social Justice Law Review

No abstract provided.


The War Against Ourselves: Heien V. North Carolina, The War On Drugs, And Police Militarization, Mallory Meads Feb 2016

The War Against Ourselves: Heien V. North Carolina, The War On Drugs, And Police Militarization, Mallory Meads

University of Miami Law Review

Approximately fifty years ago, America declared a war against itself—the “War on Drugs.” Since then, our local and state police, armed with military weapons and federal funding, have fought tirelessly against “public enemy number one”—drugs. Not surprisingly, this war has created an atmosphere where it is now common to see police officers equipped with a mentality and armor that had previously only been seen in the dark-trenches of an international war zone. Worse yet, this battlefield mentality has leaked into almost every area of police-civilian encounters.

As a “loyal foot solider” in the Executive’s War on Drugs ...


Corporate Religious Liberty, Caroline Mala Corbin Jan 2015

Corporate Religious Liberty, Caroline Mala Corbin

Articles

No abstract provided.


The Non-Waivability Of Aedpa Deference's Applicability, Andrew L. Adler Jul 2013

The Non-Waivability Of Aedpa Deference's Applicability, Andrew L. Adler

University of Miami Law Review

No abstract provided.


House Republicans Add Insult To Native Women’S Injury, Ryan Devreskracht Jul 2013

House Republicans Add Insult To Native Women’S Injury, Ryan Devreskracht

University of Miami Race & Social Justice Law Review

No abstract provided.


Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave Jan 2013

Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave

Articles

This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.


Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby Jan 2013

Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby

Articles

No abstract provided.


Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably Jan 2012

Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably

Articles

Scholarly response to the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality's strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue.

Three basic symptoms of the pathology stand out. First, sleight of hand. The plurality opinion purports to be about an institutional issue-can a state court commit a ...


Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey Jul 2011

Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley Jul 2011

Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz Jul 2011

Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Hard Look Review, Policy Change, And Fox Television, Ronald M. Levin Jan 2011

Hard Look Review, Policy Change, And Fox Television, Ronald M. Levin

University of Miami Law Review

No abstract provided.


Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi Jan 2011

Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi

Articles

No abstract provided.


Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack Jan 2011

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

Articles

No abstract provided.


Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin Jan 2010

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

Articles

No abstract provided.


Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James Jan 2008

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

Articles

No abstract provided.


Breaking Free Of Chevron's Constraints: Zuni Public School District No. 89 V. U.S. Department Of Education, Osamudia R. James Jan 2007

Breaking Free Of Chevron's Constraints: Zuni Public School District No. 89 V. U.S. Department Of Education, Osamudia R. James

Articles

No abstract provided.


Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker Jan 2003

Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker

Articles

No abstract provided.


The Supreme Court: "The First Hundred Years Were The Hardest", William H. Rehnquist Jan 1988

The Supreme Court: "The First Hundred Years Were The Hardest", William H. Rehnquist

University of Miami Law Review

No abstract provided.


A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby Jan 1988

A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby

Articles

No abstract provided.