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Full-Text Articles in Law

The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson Jun 2020

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 …


Straight Outta Scotus: Domestic Violence, True Threats, And Free Speech, Jessica Miles Apr 2020

Straight Outta Scotus: Domestic Violence, True Threats, And Free Speech, Jessica Miles

University of Miami Law Review

Domestic violence intersects with constitutional, criminal, and civil law in ways that often present challenges for jurists seeking to reconcile conflicting interests in promoting victim safety and protecting the legal rights of those accused of abuse. One current issue presenting such tensions relates to “true threats” of violence which the U.S. Supreme Court considers to be among the categories of speech receiving only limited First Amendment protection. The Supreme Court has yet to indicate what level of intent would be constitutionally sufficient for conviction of a speaker of a true threat and the circuit courts have split on this issue. …


"Stand Your Ground" In Context: Race, Gender, And Politics, Donna Coker Jul 2014

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

University of Miami Law Review

No abstract provided.


Real Men Advance, Real Women Retreat: Stand Your Ground, Battered Women's Syndrome, And Violence As Male Privilege, Mary Anne Franks Jul 2014

Real Men Advance, Real Women Retreat: Stand Your Ground, Battered Women's Syndrome, And Violence As Male Privilege, Mary Anne Franks

University of Miami Law Review

No abstract provided.


Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan Jan 1993

Silencing The Different Voice: Competence, Feminist Theory And Law, Susan Stefan

University of Miami Law Review

No abstract provided.


Legitimacy For The Florida Midwife: The Midwifery Practice Act, Katherine Simmons Yagerman Nov 1982

Legitimacy For The Florida Midwife: The Midwifery Practice Act, Katherine Simmons Yagerman

University of Miami Law Review

The rite of childbirth once belonged to the mother and her midwife, a companion and attendant interned in the mysteries of human birth. Modern medicine usurped that position, replacing the midwife with the professional physician. The author traces the journey of the midwife to her present status as a legitimate source of obstetrical care and examines the Florida Legislature's recent enactment of the Midwifery Practice Act.


Women's Rights And The Proposed Family Protection Act, Karen Flax Nov 1981

Women's Rights And The Proposed Family Protection Act, Karen Flax

University of Miami Law Review

In this article, the author examines the potential ramifications of the Family Protection Act, a bill recently introduced in the Senate by Senators Jespen and Laxalt. The author criticizes the bill both as a mechanism for legislatively enforcing the traditional role of women in American society and as a threat to civil liberties in general.