Category Archives: UMLR Caveat

Your Cervix is Showing: Loitering for Prostitution Policing as Gendered Stop & Frisk

KATE MOGULESCU* 74 U. Miami L. Rev. Caveat 68 (2020). PDF Version This Article examines the problems inherent in policing under laws criminalizing loitering for the purpose of prostitution (“LPP”).  LPP laws rely on dated notions of appearance, gender expression, and sexual behavior that are weaponized against marginalized communities and individuals. New York’s LPP law, […]

Storm of the Decade: The Aftermath of Hurst v. Florida & Why the Storm Is Likely to Continue

MELANIE KALMANSON* 74 U. Miami L. Rev. Caveat 37 (2020). PDF Version The U.S. Supreme Court’s decision in Hurst v. Florida was a “hurricanic constitutional event” for capital sentencing, especially in Florida. After the storm made landfall—invalidating Florida’s capital sentencing scheme based on the Sixth Amendment’s guarantee of a trial by jury—the Supreme Court of […]

Litigating to Protect the Rights of Poor and Marginalized Groups in Urban Spaces

ANNEKE MEERKOTTER* 74 U. Miami L. Rev. Caveat 1 (2020). PDF Version For centuries, and across the world, penal laws have been used to regulate urban spaces, with a cruel focus on relegating poor and marginalized groups from such spaces. Criminal laws, particularly vagrancy offenses, have consistently been used to arrest, detain, evict, or put […]

The Unspoken Others: Reframing the Gun Violence Debate in Terms of Public Health

JEAN PHILLIP SHAMI—Framing is critical. In the aftermath of the shooting at Marjory Stoneman Douglas High School, Americans across the country of differing views expressed their thoughts, prayers, and opinions concerning the shooting. Millions across the country joined together to march for more gun control in the United States.And with the emotions and advocacy came […]

The Problem with Capital Punishment: A Critical Assessment of the Ultimate Punitive Sanction

VINCENT R. JONES,* 69 U. Miami L. Rev. Caveat 27 (2015). In response to Vincent R. Jones & Bruce Wilson,Innocence and Its Impact on the Reassessment of the Utility of Capital Punishment: Has Time Come to Abolish the Ultimate Sanction?, 67 U. Miami L. Rev. 469 (2013). One of the most controversial issues in criminal law is capital punishment. Often called the […]