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Articles 1 - 23 of 23
Full-Text Articles in Law
The Ghost Of Jim Crow: The Human Right To Housing, Generational Wealth, The Neighborhood Homes Investment Act, And The American Legal System, Miranda Guedes
The Ghost Of Jim Crow: The Human Right To Housing, Generational Wealth, The Neighborhood Homes Investment Act, And The American Legal System, Miranda Guedes
University of Miami Race & Social Justice Law Review
No abstract provided.
The Forgotten Activists: Black People In The Disability Rights Movement, Kiyra Ellis
The Forgotten Activists: Black People In The Disability Rights Movement, Kiyra Ellis
University of Miami Race & Social Justice Law Review
No abstract provided.
Border Solutions From The Inside, Raquel E. Aldana
Border Solutions From The Inside, Raquel E. Aldana
University of Miami Race & Social Justice Law Review
No abstract provided.
Covid-19 And The Caregiving Crisis: The Rights Of Our Nation’S Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley
Covid-19 And The Caregiving Crisis: The Rights Of Our Nation’S Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley
University of Miami Race & Social Justice Law Review
On March 2020, the United States declared a pandemic due to the global Covid-19 virus. Across the nation and within a matter of days, workplaces, schools, childcare, and eldercare facilities shuttered. People retreated to their homes to shelter-in-place and slow the spread of the virus for what would become a much longer time than most initially anticipated. Now, more than a year into the pandemic, many professional and personal lives have been upended and become inextricably intertwined. Work is now home, and home is now work. Work is completed at all times of day and well into the night. Children …
Foreword: Promoting And Defending Civil Rights In A Time Of Coronavirus, Elizabeth M. Iglesias
Foreword: Promoting And Defending Civil Rights In A Time Of Coronavirus, Elizabeth M. Iglesias
University of Miami Race & Social Justice Law Review
No abstract provided.
Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias
Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias
University of Miami Race & Social Justice Law Review
Our own experience has corroborated the lessons taught by the examples of other nations; . . . that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction. Should such emergencies at any time happen under the national government, there could be no remedy …
Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco
Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco
University of Miami Race & Social Justice Law Review
No abstract provided.
Covid-19, Lying, Mask-Less Exposures And Disability During A Pandemic, Madeleine M. Plasencia
Covid-19, Lying, Mask-Less Exposures And Disability During A Pandemic, Madeleine M. Plasencia
University of Miami Race & Social Justice Law Review
This article focuses on disability law in the context of COVID-19. In dealing with this pandemic, businesses, schools and other covered entities have to navigate and manage (at least) three different categories of people congregating. First are those who act as if there were no pandemic at all; they simply do not care if they are contagious and insist upon not complying with safety precautions, such as mask-wearing and social distancing; second are people who have medical conditions that make them especially vulnerable and at high-risk for severe symptoms associated with the infection; third are people who have already contracted …
A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper
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 …
A Prescription For Healing A National Wound: Two Doses Of Executive Direct Action Equals A Portion Of Justice And A Serving Of Redress For America & The Black Panther Party, Angela A. Allen-Bell
A Prescription For Healing A National Wound: Two Doses Of Executive Direct Action Equals A Portion Of Justice And A Serving Of Redress For America & The Black Panther Party, Angela A. Allen-Bell
University of Miami Race & Social Justice 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
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: Finding The Light At The End Of The Tort, Brendan Mackesey
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 Demise Of Constitutional Avoidance, Emily Horowitz
Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Compromising Liberty For National Security: The Need To Rein In The Executive's Use Of The State-Secrets Privilege In Post-September 11 Litigation, Stephanie A. Fichera
Compromising Liberty For National Security: The Need To Rein In The Executive's Use Of The State-Secrets Privilege In Post-September 11 Litigation, Stephanie A. Fichera
University of Miami Law Review
No abstract provided.
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
University of Miami Inter-American Law Review
No abstract provided.
Bray V. Alexandria Women's Health Clinic: Women Under Siege, Dianne Olivia Fischer
Bray V. Alexandria Women's Health Clinic: Women Under Siege, Dianne Olivia Fischer
University of Miami Law Review
No abstract provided.
The Battle In Both Courts: Ncaa V. Tarkanian, 109 S. Ct. 454 (1988), Rhonda Montoya
The Battle In Both Courts: Ncaa V. Tarkanian, 109 S. Ct. 454 (1988), Rhonda Montoya
University of Miami Entertainment & Sports Law Review
No abstract provided.
Ncaa V. Tarkanian: The State Action Doctrine Faces A Half-Court Press, Jose R. Riguera
Ncaa V. Tarkanian: The State Action Doctrine Faces A Half-Court Press, Jose R. Riguera
University of Miami Law Review
No abstract provided.
Beyond A Black And White Reading Of Sections 1981 And 1982: Shifting The Focus From Racial Status To Racist Acts, Linda A. Lacewell, Paul A. Shelowitz
Beyond A Black And White Reading Of Sections 1981 And 1982: Shifting The Focus From Racial Status To Racist Acts, Linda A. Lacewell, Paul A. Shelowitz
University of Miami Law Review
No abstract provided.
Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff
Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff
University of Miami Inter-American Law Review
No abstract provided.
In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert
In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert
University of Miami Law Review
In Polk County v. Dodson, the United States Supreme Court held that a public defender does not act under color of state law "when performing a lawyer's 'traditional functions' as counsel to a defendant in a criminal proceeding." The Court formulated a "functions" test to distinguish cases holding that public defenders act under color of state law when performing administrative tasks or when engaging in nontraditional or criminal acts. The author questions the Court's marked curtailment of indigents' access to federal courts when alleging ineffective representation by public defenders under 42 U.S.C. § 1983. Moreover, the author concludes that …
Federalism And Double Jeopardy: A Study In The Frustration Of Human Rights, Harlan R. Harrison
Federalism And Double Jeopardy: A Study In The Frustration Of Human Rights, Harlan R. Harrison
University of Miami Law Review
No abstract provided.
The Right To Counsel Prior To Trial In State Criminal Proceedings, Michael J. Osman
The Right To Counsel Prior To Trial In State Criminal Proceedings, Michael J. Osman
University of Miami Law Review
No abstract provided.