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Articles 241 - 270 of 431
Full-Text Articles in Law and Society
From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes
From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes
Articles
No abstract provided.
No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith
No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith
University of Miami Law Review
Pimps and johns who sexually exploit children garner instant public and scholarly outrage for their lust for a destructive “quick fix.” In actuality, many justifiably concerned scholars, policymakers, and members of the public continue to react over-simplistically and reflexively to the issue of child sex trafficking in the United States—also known as commercial sexual exploitation of children (CSEC)—in a manner intellectually akin to immediate gratification. Further, research reveals that the average john is an employed, married male of any given race or ethnicity, suggesting that over-simplification and knee-jerk thinking on CSEC are conspicuous. This Article raises provocative questions that too …
Legal Paternalism And The Eclipse Of Principle, R. George Wright
Legal Paternalism And The Eclipse Of Principle, R. George Wright
University of Miami Law Review
Legal paternalism involves, very roughly, requiring persons to do something for their own good. We often think of debates between legal paternalists and non-paternalists as taking place largely at the level of broad, basic principle. This Article argues, however, that in our culture, disputes over the proper scope of legal paternalism will increasingly focus not on issues of basic principle, but on much more detailed, concrete, particular, contextualized matters. The four major reasons for this eclipse of basic principles bearing upon legal paternalism are herein identified, explored, and illustrated.
Abetting Mass Prison Escape: A Defense, David W. Frank
Abetting Mass Prison Escape: A Defense, David W. Frank
University of Miami Race & Social Justice Law Review
No abstract provided.
“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox
“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox
University of Miami Race & Social Justice Law Review
No abstract provided.
Doug Kahn - A Personal Appreciation, Patricia D. White
Men, Women, And Optimal Violence, Mary Anne Franks
Men, Women, And Optimal Violence, Mary Anne Franks
Articles
While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …
Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave
Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave
Articles
This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of Education. Next, it presents original research on the procedural protections provided by the fifty flagship state universities. In October 2014, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof right to an adjudicatory hearing, right to confront and cross examine witnesses, right to counsel, right to silence, and right to appeal. …
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Articles
Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-citizens and noncitizens-who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and class critiques of the U.S. criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided …
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Articles
No abstract provided.
The Prosecutor's Duty To "Imperfect" Rape Victims, Tamara Rice Lave
The Prosecutor's Duty To "Imperfect" Rape Victims, Tamara Rice Lave
Articles
No abstract provided.
Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker
Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker
Articles
No abstract provided.
Rebellious Pedagogy And Practice, Anthony V. Alfieri
Rebellious Pedagogy And Practice, Anthony V. Alfieri
Articles
Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …
Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid
Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid
University of Miami Race & Social Justice Law Review
No abstract provided.
Crossroads: How The Intersection Of Technology, Medicine, And The Law, Impact The Administration Of Healthcare In Florida And Puerto Rico, Casaundra Johnson
Crossroads: How The Intersection Of Technology, Medicine, And The Law, Impact The Administration Of Healthcare In Florida And Puerto Rico, Casaundra Johnson
University of Miami Inter-American Law Review
No abstract provided.
Native Title In Australia And South Africa: A Search For Something That Lasts, Justin Hunter
Native Title In Australia And South Africa: A Search For Something That Lasts, Justin Hunter
University of Miami International and Comparative Law Review
No abstract provided.
Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker
Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker
Articles
No abstract provided.
Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies, Joel H. Samuels
Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies, Joel H. Samuels
Articles
In this essay, we attempt to lay the initial groundwork for a clearer understanding of rule of law both as a concept and as a distinct field. We respond to the assertions that the rule of law field is non-existent or incoherent, and assert that a field of rule of law is not impossible to ascertain. First, we survey how rule of law - as both a term and a state of political being - is understood by practitioners and scholars, as well as how scholars reconcile the lack of a clear, widely universal understanding of the concept of rule …
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Articles
No abstract provided.
Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman
Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman
Articles
No abstract provided.
Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes
Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes
Articles
No abstract provided.
Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri
Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri
Articles
No abstract provided.
Real Men Advance, Real Women Retreat: Stand Your Ground, Battered Women's Syndrome, And Violence As Male Privilege, Mary Anne Franks
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.
"He's A Black Male … Something Is Wrong With Him!" The Role Of Race In The Stand Your Ground Debate, D. Marvin Jones
"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.
Building Social Capital Through Place-Based Lawmaking: Case Studies Of Two Afro-Caribbean Communities In Miami—The West Grove And Little Haiti, Matthew Fowler
Building Social Capital Through Place-Based Lawmaking: Case Studies Of Two Afro-Caribbean Communities In Miami—The West Grove And Little Haiti, Matthew Fowler
University of Miami Inter-American Law Review
No abstract provided.
Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin
Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin
Short Works
No abstract provided.
Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton
Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton
Articles
No abstract provided.
Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James
Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James
Articles
Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …
Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks
Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks
Articles
No abstract provided.
White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James
White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James
Articles
In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.
Recent scholarship …