Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Access to law (1)
- Bitcoin (1)
- Capital punishment (1)
- Constitutional norm (1)
- Copyright infrigement (1)
-
- Copyright law (1)
- Cruel and unusual punishment (1)
- Eighth Amendment (1)
- Execution (1)
- Firing squad (1)
- First Amendment (1)
- Freedom od speech (1)
- Implicit bias (1)
- Juris doctor (1)
- Jurisprudence (1)
- Law degrees (1)
- Law schools (1)
- Legal antidiscrimination theory (1)
- Legal education (1)
- Nature of law (1)
- Non-law graduate degrees (1)
- Protocol network (1)
- Social identity (1)
- Social neuroscience (1)
- Southern exception (1)
- Sovereign authority (1)
- State statutes (1)
- Supreme Court (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen
Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen
University of Miami Law Review
Bitcoin permits users to engage in direct expressive activity with one another without the need for centralized intermediaries. It does so by utilizing an open and community-managed global database called a blockchain. While much of the literature about Bitcoin has focused on its use as a form of digital payment, this Article suggests an expanded understanding by demonstrating its use as a protocol network, not unlike the internet, that can be used to extend the possible range of human expression. After developing an appreciation of the technology, this Article recommends a framework for applying the First Amendment to Bitcoin and …
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 …
A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran
A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran
University of Miami Law Review
The Eighth Amendment prohibits cruel and unusual punishment in the criminal justice system. As the federal government looks to reinstate the death penalty, this Note argues that it should include firing squad as an option for carrying out executions. While firing squads may shock the senses, this Note argues that they are in fact the only way to comport with the requirements of the Eighth Amendment.
Access To Law Or Access To Lawyers? Master’S Programs In The Public Educational Mission Of Law Schools, Mark Edwin Burge
Access To Law Or Access To Lawyers? Master’S Programs In The Public Educational Mission Of Law Schools, Mark Edwin Burge
University of Miami Law Review
The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This Article argues that non-lawyer master’s programs …
The Law As Uncopyrightable: Merging Idea And Expression Within The Eleventh Circuit’S Analysis Of “Law-Like” Writing, Christina M. Frohock
The Law As Uncopyrightable: Merging Idea And Expression Within The Eleventh Circuit’S Analysis Of “Law-Like” Writing, Christina M. Frohock
University of Miami Law Review
The Eleventh Circuit recently issued an opinion in Code Revision Commission v. Public.Resource.Org, Inc. that meditates on the law as much as resolves a dispute. For that reason alone, attention should be paid. A commission acting on behalf of the Georgia General Assembly and the State of Georgia filed a copyright infringement action against a nonprofit organization that had disseminated annotated state statutes. The Eleventh Circuit took these modest facts and delivered a philosophical analysis of the nature of law, finding that statutory annotations are outside copyright protection because the true author of such “law-like” writing is “the People.” …
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle
University of Miami Law Review
Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between “us” versus “them” on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …