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Full-Text Articles in Law
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 …
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.
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.
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.
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.