Author Archives: Ford, Brittany R

Jack B. Weinstein: Judicial Entrepreneur

BY JEFFREY B. MORRIS, 69 U. Miami L. Rev. 393 (2015). Introduction: The University of Miami Law Review’s 2014 Symposium, Leading from Below, honored Judge Jack B. Weinstein for his extraordinary career as a private practitioner, government lawyer, advisor to legislators and executive officials, major legal scholar, and federal district judge for over forty-seven years. It […]

Evidentiary Rulings as Police Reform

BY SETH STOUGHTON, 69 U. Miami L. Rev. 429 (2015). Introduction: How can law be a mechanism for police reform? The most familiar answer, for legal scholars who work on the regulation of law enforcement, is as a deterrent: the law sets some limit on police behavior and imposes some sanction for violations. Two examples that […]

Individualized Injuctions and Non-Modification Terms: Challenging “Anti-Reform” Provisions in Arbitration Clauses

BY MYRIAM GILLES, 69 U. Miami L. Rev. 469 (2015). Introduction: Maybe you’ve heard, the United States Supreme Court has been on a bit of a pro-arbitration tear recently, upholding ever-more draconian dispute resolution clauses inserted in standard-form contracts against all sorts of legal and policy-based challenges. The most recent cases to arrive at the Court […]

Law Without Lawyers: Access to Civil Justice and the Cost of Legal Services

BY EMERY G. LEE III, 69 U. Miami L. Rev. 499 (2015). Introduction: Judge Jack Weinstein has been active on the issue of access to justice for low- and moderate-income persons for a very long time. As Suffolk County Attorney in the 1960s, for example, he led the movement to establish “Nassau County Legal Services, one […]

Prisoners’ Rights Lawyers’ Strategies for Preserving the Role of the Courts

BY MARGO SCHLANGER, 69 U. Miami L. Rev. 519 (2015). Introduction: In 1996, Congress imposed draconian restrictions on the litigated remediation of unconstitutional conditions of confinement in jails and prisons. The Prison Litigation Reform Act (“PLRA” or “Act”),a statute enacting part of the Newt Gingrich “Contract with America,”made it harder for prisoners to bring, settle, and win […]