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University of Miami Race & Social Justice Law Review
Number of Followers: 1

This is an Open Access Journal

Open Access journal
ISSN (Print) 2374-2909
Published by U of Miami

[6 journals]

Examining Deshaney: Child Abuse, Due Process, and
State-Sanctioned Violence
- Authors: Anabelle Tolgyesi
  PubDate: Mon, 03 Jun 2024 09:38:19 PDT
Beyond the Borders: The Rise of Judicial Corruption and Universal
Jurisdiction
- Authors: Rose Mahdavieh
  PubDate: Mon, 03 Jun 2024 09:38:18 PDT
Are Healthy Foods “White People Food”: A Legal Analysis of Disparities
in Healthy Food Accessibility and Affordability at Grocery Stores and
Restaurants in Low-Income Neighborhoods
- Authors: Sara St. Juste
  PubDate: Mon, 03 Jun 2024 09:38:17 PDT
The Ghost of Jim Crow: The Human Right to Housing, Generational Wealth,
The Neighborhood Homes Investment Act, and The American Legal System
- Authors: Miranda Guedes
  PubDate: Mon, 03 Jun 2024 09:38:17 PDT
Race, Religion, and Reconciliation: Building a Mosaic of Latine Faith from
the Margins
- Authors: Sabrina A. Ochoa
  PubDate: Mon, 03 Jun 2024 09:38:16 PDT
Front Matter and Table of Contents
- PubDate: Mon, 03 Jun 2024 09:38:15 PDT
The Forgotten Activists: Black People in the Disability Rights Movement
- Authors: Kiyra Ellis
  PubDate: Mon, 11 Dec 2023 11:54:17 PST
On Liberty: From Due Process to Equal Protection—Dobbs’ Impact on the
Transgender Community
- Authors: Emily Kaufman
  Abstract: Liberty has been a bedrock principle of American democracy from the time of our nation’s founding and is the norm that charters our nation’s existence. Liberty was the motivation driving the colonists’ rebellion against tyranny in order to establish a nation that would preserve liberty, at all costs. The preamble of the Constitution explicitly classifies every subsequent article’s purpose, to secure the blessings of liberty.This note will touch on the concepts of personal liberty in the context of abortion in the landmark case Dobbs v. Jackson Women’s Health Org, and the implications of this case on the transgender community. Part A will discuss the impact of Dobbs on substantive due process within the meaning of the Fourteenth Amendment. Part B of this note will address the remaining avenue for advancing the rights of transgender individuals, under the Equal Protection Clause of the Fourteenth Amendment. Part C will examine the existing legal scholarship on how constitutional law intersects with the rights of transgender people. Finally, Part D will examine various state laws and executive orders targeting the trans community, and how they can be combatted under a due process or equal protection analysis.Part A will be broken into three parts. Part I of this section will discuss substantive due process jurisprudence, Roe and Casey, the lead-up to Dobbs, and an examination of Dobbs itself. Part II will analyze what Dobbs means for the continued liberty of women in the modern world, while also incorporating the views of Blackstone and the philosopher John Stuart Mill. Part III will analyze the impact of the Dobbs decision as it relates to substantive due process and the transgender community, with a focus on the right to self-determination and bodily autonomy in the context of the need for hormones and other transition-related procedures necessary for trans Americans to secure the blessings of liberty.Part B will include an initial discussion of the history and precedents of the Supreme Court that utilize equal protection analyses. Part I will discuss equal protection in the context of race. Part II will discuss recent case law from the Supreme Court and other Federal Courts using the equal protection analysis including Obergefell v. Hodges. Part III will analyze the three Circuit Courts that have taken up the issue of hormone bans for transgender youth.Part C will examine law review articles and other scholarship that examines where transgender rights stand under the Fourteenth amendment. This section will also discuss articles that analyze how Dobbs impacts constitutional law.Part D will compare the substantive due process arguments with that of equal protection, with a focus on cases and issues yet to be decided. Seven types of anti-transgender legislation, bills, and executive orders will be examined through a substantive due process analysis compared with that of equal protection.This is an exceedingly fast-moving area of law, with two new Circuit Court opinions regarding bans on gender-affirming care for transgender youth coming out in the months preceding the publication of this note. During the initial drafting of the note, only one Circuit had ruled on the issue of hormone bans for trans youth, and this ruling was for the transgender plaintiffs. In the months since initial drafting, two more Circuits, the Sixth and Eleventh, have ruled against transgender youth on both equal protection and due process grounds.Research for this note was completed on September 7th, 2023 and any cases or articles published after that date were not taken into consideration.
  PubDate: Mon, 11 Dec 2023 11:54:17 PST
Challenging Florida’s Parental Rights in Education Act, AKA the
“Don’t Say Gay” Law: Finding Equality Through Equal Protection
Doctrine
- Authors: Nelson Garcia
  PubDate: Mon, 11 Dec 2023 11:54:16 PST
“How Dare You Vote!” The Enactment of Racist and Undemocratic Voting
Laws to Preserve White Supremacy, Maintain the Status Quo, and Prevent the
Rise of the Black Vote – Saying the Quiet Parts Out Loud
- Authors: Patricia A. Broussard et al.
  Abstract: Historically the United States has proudly described itself as a “melting pot,” declaring, “Give me your tired, your poor, your huddled masses yearning to breathe free.” However, if the truth is told, the United States of America has never been a melting pot. In a melting pot, the ingredients each contribute something to the pot that equalizes them into becoming a well-seasoned, indistinguishable meal. No one ingredient dominates the mixture, and each adds something that makes the pot richer. This country is more like a gumbo, a dish whose ingredients stand out, where some purportedly add more value to the mix than others. The term “purportedly” is intentional because the cook determines which ingredients are more deserving of being added to the gumbo and which should dominate the flavor, style, and end result. Yes, the United States of America is a gumbo, White supremacy has been the cook for far too long and the maintenance of power has been the main ingredient. America needs some new cooks in the kitchen.The right to vote has always been an unkept promise as America’s vision of equality has been distorted since its very inception. Many Americans believe the First Amendment is the most important right. The authors of this Article, however; believe that the right to vote is the foundational right because voting allows citizens to engage in the political process. Without participation in the political process, all other fundamental rights are diminished. While voting is touted as the cornerstone of American democracy, it is a promise repeatedly broken. We acknowledge that every person who is a minority in America, suffers from racism; however, but our focus here is on Black America.
  PubDate: Mon, 11 Dec 2023 11:54:15 PST
Front Matter and Table of Contents
- PubDate: Mon, 11 Dec 2023 11:54:13 PST
Deadly Decisions: Prosecutorial Misconduct and Prosecutorial Discretion in
the Death Penalty System
- Authors: Raegan Burke
  PubDate: Thu, 12 Oct 2023 13:32:31 PDT
Protecting Restorative Justice Participants: The Implications of
Implementing Restorative Justice Practices Without Proper Safeguards for
Participants
- Authors: Abigail Young
  PubDate: Thu, 12 Oct 2023 13:32:31 PDT
Drug Courts: The Risk of an Increased Number of Drug-related Arrests and
Long Jail Sentences
- Authors: Wayne A. Comstock
  Abstract: In June 1971, President Richard Nixon declared a War on Drugs. As the War on Drugs continued throughout the 1980s, drug-related convictions increased, leading to overcrowding in prisons across the United States. Drug courts operate as an alternative to incarceration in which criminal defendants enter court mandated drug treatment programs. Judges monitor the progress of drug court participants through scheduled status hearings. However, contrary to their purpose, drug courts may contribute to incarceration by presenting the risk of an increased number of drug-related arrests in those jurisdictions that have implemented drug courts and long jail sentences imposed as sanctions for repeated violations. This Article explores solutions to curb the potential drug-related arrests and long jail sentences, namely (1) the decriminalization of drug offenses, (2) providing greater funding to outside treatment programs, (3) removing incarceration as a sanction, and (4) permitting violent offenders to enter drug court programs.
  PubDate: Thu, 12 Oct 2023 13:32:30 PDT
Police Brutality & Unions: Collective Bargaining is the Problem, Not
Law Enforcement
- Authors: Falco Anthony Muscante II
  Abstract: When Derek Chauvin knelt on George Floyd’s neck for more than nine minutes, and when Jason Van Dyke fired sixteen rounds at Laquan McDonald who was walking away from the responding officers, were Chauvin and Van Dyke acting exclusively of their own volition, or were their actions indicative of a deeper, systemic issue' Nearly 60% of law enforcement officers enjoy collective bargaining protections from their police unions, but these protections create a lack of accountability.Police unions can bargain collectively with police departments because of state legislation, which typically allow for negotiation over matters affecting wages, hours, and terms and conditions of employment. This broad language has allowed many police unions to negotiate contracts that: shield law enforcement officers from liability for misconduct, permit officers to delay being interrogated for up to forty-eight hours following a critical incident, allow police departments to expunge officer disciplinary records after a few years, require all disputes to be settled in binding arbitration by arbitrators often selected by the police union itself, and limit transparency of disciplinary records to the public and to civilian review boards.One way to solve all these troubling issues is to forbid police unions from bargaining for matters affecting wages, hours, and terms and conditions of employment, or at the very least matters affecting “terms and conditions of employment.” The appendices to this Article include samples of current statutes permitting collective bargaining among police unions, a collection of statutes from all the states that forbid public unions and police unions from collective bargaining, and model statutory language that states may adopt to remedy the aforementioned harmful provisions and ultimately hold law enforcement officers like Chauvin and Van Dyke accountable.
  PubDate: Thu, 12 Oct 2023 13:32:30 PDT
Front Matter and Table of Contents
- PubDate: Thu, 12 Oct 2023 13:32:29 PDT
Fanon, Colonial Violence, And Racist Language In Federal American Indian
Law
- Authors: Joubin Khazaie
  Abstract: This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon’s scholarship on colonial violence and the dehumanization of Indigenous people as a framework to understand the history of legalized racism against Indigenous people in the United States. Fanon’s analysis allows us to understand how language is used to dehumanize Native people in order to establish a system of hierarchy that informs the societal roles of the colonizer and the colonized. The paper will then trace the use of racial stereotypes and brutalizing language against Native Americans in Supreme Court decisions under Justice Marshall. Further, the paper will argue that the racist precedents and language relied upon by the Supreme Court have operated as a form of colonial violence that serve to justify the denial of property, self–governance, and cultural survival of Native Americans.
  PubDate: Tue, 10 May 2022 13:51:54 PDT

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