Civil Rights and Discrimination Commons^™

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 …

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.

Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón

University of Miami Law Review

The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …

A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper

University of Miami Law Review

President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men.

Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels …

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 or broader …

Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez

University of Miami Law Review

No abstract provided.

Expanding Public Safety In The Era Of Black Lives Matter, Nicole D. Porter

University of Miami Law Review

Traditional public safety responses to crime involve interactions with the criminal justice system. However, recent killings by police of unarmed black men, women, and children have led to a national dialogue on the fundamental strategy of public safety. The narrative of “Black Lives Matter” offers a new framework for policymakers, activists, practitioners, and other stakeholders to think about a public safety strategy that is not solely defined by arrests and admissions to prison. This essay provides an overview of evidence-based approaches for public safety interventions that exist outside of law enforcement interactions.

"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.

A Flawed System Exposed: The Immigration Adjudicatory System And Asylum For Sexual Minorities, Robert C. Leitner

University of Miami Law Review

No abstract provided.

Equality And The Forms Of Justice, Susan Sturm

University of Miami Law Review

No abstract provided.

The American Civil Rights Tradition: Anticlassification Or Antisubordination?, Jack M. Balkin, Reva B. Siegel

University of Miami Law Review

No abstract provided.

Groups, Politics, And The Equal Protection Clause, Sameul Issacharoff, Pamela S. Karlan

University of Miami Law Review

No abstract provided.

Democracy Frozen In Devonian Amber: The Racial Impact Of Permanent Felon Disenfranchisement In Florida, Carlos M. Portugal

University of Miami Law Review

No abstract provided.

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

University of Miami Law Review

No abstract provided.

Confounded By Cromartie: Are Racial Stereotypes Now Acceptable Across The Board Or Only When Used In Support Of Partisan Gerrymanders?, John Hart Ely

University of Miami Law Review

No abstract provided.

Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker

University of Miami Law Review

No abstract provided.

Whether The Constitutionality Of The Violence Against Women Act Will Further Federal Protection From Sexual Orientation Crimes, Alexander Dombrowsky

University of Miami Law Review

No abstract provided.

The Empty State And Nobody's Market: The Political Economy Of Non-Responsibility And The Judicial Disappearing Of The Civil Rights Movement, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

Dicenso V. Cisneros: An Argument For Recognizing The Sanctity Of The Home In Housing Sexual Harassment Cases, Carlotta J. Ross

University of Miami Law Review

No abstract provided.

Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander

University of Miami Law Review

No abstract provided.

A Time For Reflection, Marc A. Fajer

University of Miami Law Review

No abstract provided.

A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner

University of Miami Law Review

No abstract provided.

Race And Property Values In Entrenched Segregation, Margalynne Armstrong

University of Miami Law Review

No abstract provided.

Race/Ism Lost And Found: The Fair Housing Act At Thirty, John O. Calmore

University of Miami Law Review

No abstract provided.

Family Values: Prevention Of Discrimination And The Housing For Older Persons Act Of 1995, Jonathan I. Edelstein

University of Miami Law Review

No abstract provided.

Mandates Unsatisfied: The Low Income Housing Tax Credit Program And The Civil Rights Laws, Florence Wagman Roisman

University of Miami Law Review

No abstract provided.

Title Vii And The Reserve Clause: A Statistical Analysis Of Salary Discrimination In Major League Baseball, Jack F. Williams, Jack A. Chambliss

University of Miami Law Review

No abstract provided.

Racism In The Insanity Defense, Hava B. Villaverde

University of Miami Law Review

No abstract provided.

The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges

University of Miami Law Review

No abstract provided.

Private Rights In Public Places: A Weighty Issue, Shari J. Ronkin

University of Miami Law Review

No abstract provided.