Category Archives: Insights

SCOTUS To Weigh Denial of Hearing to Contest Pretrial Asset Seizures Against the Fifth Amendment Due Process Clause

BY LINDSAY ADKIN — The United States Government deposited more than $4.2 billion in its asset forfeiture fund during the 2012 fiscal year. That was more than double what the Government deposited in each of the two previous years. Asset forfeiture became a common practice after Congress first passed asset forfeiture statutes in the 1970s. […]

Ringing the Capital: Justice Sotomayor Questions the Validity of Alabama’s (and Florida’s) Capital Punishment Regime

BY ZACHARY D. LUDENS — In the closing issue of the University of Miami Law Review’s 67th Volume, Brendan Ryan offered a thoughtful analysis of Florida’s capital punishment regime and one United States District Judge’s determination that this regime was no longer constitutional. Although the Supreme Court of the United States ultimately declined to address […]

LawWithoutWalls: A Global Response to Legal Education Reform Rooted at Miami Law

BY GREG FONTELA — In many ways, legal practice in America has evolved over the years.  While there is a strong base upon which it has grown, the way in which legal representation has been organized and delivered has evolved with advancing technology, changing markets, and developing societal values.  This is not to say that […]

SCOTUS Seems to Favor Michigan’s Affirmative Action Ban

BY DANIELLE COUPET — In true legal fashion, let’s start with a hypothetical. Suppose we have two applicants to the University of Michigan: Tom and Tyra. Tom is a premiere football quarterback, whose father also just so happened to play football at the University of Michigan. Tyra is an African-American woman, hoping to be the […]

Chalk Wars: The Continuing Struggle for Expression

BY TREY DAHL — “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Since the Occupy Wall Street movement […]