Category Archives: Caveat

“Homeless and Hungry, Please Help!”: A Constitutional Right to Communicate Messages of Need

KIRSTEN ANDERSON* 75 U. Mia. L. Rev. Caveat 34 (2020). PDF Version There are people who can never forgive a beggar for their not having given him anything. — Karl Kraus[1] The most stunning thing about Anneke Meerkotter’s article, “Litigating to Protect the Rights of Poor and Marginalized Groups in Urban Spaces,” is its universality.[2] Professor […]

Regulating Cleanups of Homeless Encampments

STEPHEN J. SCHNABLY* 75 U. Mia. L. Rev. Caveat 8 (2020). PDF Version Introduction As the visible presence of persons experiencing homelessness has grown in major cities across the country in recent years[1] and moved to the forefront of national politics,[2] the impulse to criminalize homelessness has persisted. In a major report issued in 2012, the […]

Petty Offenses Symposium Special Issue Forward: Addressing the Criminalization of Poverty and Marginalization

TAMAR EZER,* FRANCO PICCININI,** & DAVID STUZIN***  75 U. Mia. L. Rev. Caveat 1 (2020). PDF Version Across the globe and throughout the United States, governments use petty offenses, such as loitering laws, to exert social control over marginalized communities. Petty offenses enable the policing of public spaces to reinforce social hierarchies and rigid gender […]

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 […]