Law Commons^™

Challenging Florida’S Parental Rights In Education Act, Aka The “Don’T Say Gay” Law: Finding Equality Through Equal Protection Doctrine, Nelson Garcia

University of Miami Race & Social Justice Law Review

No abstract provided.

The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta

University of Miami Inter-American Law Review

The territorial law and policy of the United States changed towards the turn of the 20th century, as territorial expansion was no longer motivated by the extension of national borders, but by geopolitical, strategic and economic objectives. The new territories acquired in the Spanish American war were different from those previously annexed. The resulting constitutional doctrine of the Insular Cases differentiated the previous incorporated territories from the new unincorporated territories, which were not destined to be part of the U.S. nor to be admitted as new states. Despite purported changes in the relation with the United States in 1950-1952, Puerto …

The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim

University of Miami Inter-American Law Review

Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …

Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan

University of Miami Inter-American Law Review

This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …

Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer

University of Miami Inter-American Law Review

This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?

Gender Mainstreaming At The European Court Of Human Rights: The Need For A Coherent Strategy In Approaching Cases Of Violence Against Women And Domestic Violence, Joanna Evans

University of Miami Inter-American Law Review

Any assessment of the jurisprudence of the European Court of Human Right’s (ECtHR) in the field of violence against women and domestic violence must start with an acknowledgement of the ECtHR’s landmark judgments in this area and the positive practical impact those judgments have had upon the protection of women.

However, much progress is still to be made. This article analyses three ECtHR cases from Russia and Georgia, and in so doing, highlights the need for greater transparency, proactivity, and coherency on the part of the Court. It considers in turn: a) the seemingly discriminatory impact of the ECtHR’s approach …

Gender Violence As A Penalty Of Poverty, Deborah M. Weissman

University of Miami Inter-American Law Review

The matter of gender violence, including intimate partner violence (IPV), has long been categorized as a particularly egregious crime. The consequences of IPV are profound and affect all members of the household, family members near and far, and the communities where they live. Gender violence impacts the national economy. Costs accrue to workplaces, health care institutions, and encumber local and state coffers. Survivors are deprived of income, property, and economic stability: conditions that often endure beyond periods of physical injuries. Offenders also experience economic hardship as a result of involvement with the legal system. They often face significant obstacles when …

The End “Goal” To The U.S. Women’S Soccer Team Equal Pay Lawsuit: Proposing A Resolution For Gender Equality By Examining The Equal Pay Laws For Male And Female Sports, Veronica Adams

University of Miami Business Law Review

In March 2019, on International Women’s Day, 28 women on the U.S. Women’s Soccer Team filed a lawsuit against The U.S. Soccer Federation claiming gender discrimination, specifically in unequal payment between the men’s team and the women’s team. Players based the lawsuit on two grounds: (1) that U.S. Soccer violated the Equal Pay Act by paying the WNT less than the MNT; and (2) that the federation discriminated against the WNT under Title VII of the Civil Rights Act in regard to workplace conditions. The Federation claims that the men and women are paid equally and the discrepancy in pay …

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

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. …

Queering The Dream—The Impact Trump’S Decision Has On Lgbtq+ Dreamers, Candelario Saldana

University of Miami Race & Social Justice Law Review

On June 15, 2012, President Obama created the Deferred Action for Childhood Arrivals (“DACA”) program, which was an exercise of prosecutorial discretion that provided temporary relief from deportation to youth known as Dreamers. On September 5, 2017, the Trump administration announced that it would begin phasing out the program. The fate of the program has recently been litigated in courts including the Supreme Court, with a decision pending from the Supreme Court anytime in 2020 (although there is a push to stall a decision due to the COVID-19 pandemic). In this article I discuss the historical context of DACA and …

Ten Years Fighting Hate, David A. Hall

University of Miami Race & Social Justice Law Review

On October 28, 2009, President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (“the Act”). One of the goals of the Act was to broaden protections against crimes motivated by hatred for a person’s group membership (her perceived race, national origin, gender or gender identity, sexual orientation, disability, or religion). The Act intends to address the need for US law to recognize the particularly destructive and virulent nature of crimes motivated by this kind of animus toward minority groups. Such crimes can often have an outsized effect, because they are intended to …

Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew

University of Miami Race & Social Justice Law Review

No abstract provided.

Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear

University of Miami Race & Social Justice Law Review

No abstract provided.

The Invisible Voices Of The Movement To End Violence Against Women: Immigrant Survivors With Criminal Convictions, Leoni Fred

University of Miami Race & Social Justice Law Review

No abstract provided.

Advancing A Human Rights Framework To Reimagine The Movement To End Gender Violence, Rosie Hidalgo

University of Miami Race & Social Justice Law Review

No abstract provided.

Interview—Caroline Bettinger-Lopez And Marleine Bastien On The Fight To Stop Gender Violence: From Haiti To Miami, Caroline Bettinger-López, Marleine Bastien

University of Miami Race & Social Justice Law Review

No abstract provided.

Rethinking A New Domestic Violence Pedagogy, Deborah M. Weissman

University of Miami Race & Social Justice Law Review

No abstract provided.

Reimagining The Movement To End Gender Violence: Anti-Racism, Prison Abolition, Women Of Color Feminisms, And Other Radical Visions Of Justice (Transcript), Beth E. Richie

University of Miami Race & Social Justice Law Review

No abstract provided.

Introduction: Converge! Reimagining The Movement To End Gender Violence, Donna Coker, Leigh Goodmark, Marcia Olivo

University of Miami Race & Social Justice Law Review

No abstract provided.

Building Towards Transformative Justice At Sakhi For South Asian Women, Soniya Munshi, Bhavana Nancherla, Tiloma Jayasinghe

University of Miami Race & Social Justice Law Review

No abstract provided.

“Usually It’S Something In The Writing”: Reconsidering The Narrative Requirement For Protection Order Petitions, Alesha Durfee

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On New Possibilities For Reframing Work To End Gender Based Violence (Transcript), Marcia Olivo, Monique Hoeflinger (Moderator), Neil Irwin, Jackie Payne

University of Miami Race & Social Justice Law Review

No abstract provided.

On The Same Bodies: Exploring The Shared Historical Legacy Of Violence Against Women And Reproductive Injustice, Eesha Pandit

University of Miami Race & Social Justice Law Review

No abstract provided.

Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh Goodmark

University of Miami Race & Social Justice Law Review

No abstract provided.

Full Issue

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On Sex Trafficking (Transcript), Aziza Ahmed, Cyra Choudhury (Moderator), Sienna Baskin, Sandy Skelaney

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On Beyond The Rape Exception: Using Law And Movement Building To Ensure Reproductive Health And Justice To All Gender Violence Survivors (Transcript), Sara Ainsworth, Jamie Vanaria (Moderator), Jessica Gonzáles-Rojas, Lillian Hewko, Angela Hooton

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On Immigrant Rights, Women, And Gender Violence: Structural Violence And Organizing Strategies (Transcript), María Rodriguez, Donna Coker, Lis-Marie Alvarado, Beatrice Bianchi Fasani, Ramandeep Kaur Mahal, Rebecca Sharpless

University of Miami Race & Social Justice Law Review

No abstract provided.

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

University of Miami Law Review

No abstract provided.