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Articles 1 - 30 of 476
Full-Text Articles in Entire DC Network
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Faculty Publications & Other Works
Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
12/29/2016: Doing The Right Thing/Doing The Wrong Thing, Bruce Ledewitz
12/29/2016: Doing The Right Thing/Doing The Wrong Thing, Bruce Ledewitz
Hallowed Secularism
Blog post, “Doing the Right Thing/Doing the Wrong Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
12/25/2016: Christmas, 2016—Secular Hope, Bruce Ledewitz
12/25/2016: Christmas, 2016—Secular Hope, Bruce Ledewitz
Hallowed Secularism
Blog post, “Christmas, 2016—Secular Hope“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 20, 2016: Faithless Calls For Faithless Electors, Bruce Ledewitz
December 20, 2016: Faithless Calls For Faithless Electors, Bruce Ledewitz
Hallowed Secularism
Blog post, “Faithless Calls for Faithless Electors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Difficult Questions For The Senate Minority, John M. Greabe
Difficult Questions For The Senate Minority, John M. Greabe
Law Faculty Scholarship
This column is the first in a biweekly Constitutional Connections series that will examine the constitutional implications of various topics in the news. The author, John Greabe, teaches constitutional law and related subject at the University of New Hampshire School of Law. He also serves on the board of trustees of the New Hampshire Institute for Civics Education.
December 17, 2016: I Don't Understand Charles Krauthammer, Bruce Ledewitz
December 17, 2016: I Don't Understand Charles Krauthammer, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Don't Understand Charles Krauthammer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2016: The Fed And The President Elect, Bruce Ledewitz
December 16, 2016: The Fed And The President Elect, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Fed and the President Elect“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University
Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University
Law School Blogs
No abstract provided.
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott
Articles
In case after case, prosecutors, judges and juries therefore still struggle to come up with a definition of slavery, looking for some set of criteria or indicia that will enable them to discern whether the phenomenon they are observing constitutes enslavement. In this definitional effort, contemporary jurists may imagine that in the past, surely the question was simpler: someone either was or was not a slave. However, the existence of a set of laws declaring that persons could be owned as property did not, even in the nineteenth century, answer by itself the question of whether a given person was …
December 10, 2016: The Businessman’S Economy, Bruce Ledewitz
December 10, 2016: The Businessman’S Economy, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Businessman’s Economy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 7, 2016: Mark Lilla Discovers The Necessity Of Truth, Bruce Ledewitz
December 7, 2016: Mark Lilla Discovers The Necessity Of Truth, Bruce Ledewitz
Hallowed Secularism
Blog post, “Mark Lilla Discovers the Necessity of Truth“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States, Wendy R. Becker
Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States, Wendy R. Becker
Duke Journal of Constitutional Law & Public Policy Sidebar
Since Congress has not enacted a statute outlawing insider trading, or the trading of securities based on non-public information, outright, courts have struggled to define what constitutes insider trading. The Supreme Court held that a fiduciary duty was breached when the insider privy to the information receives a “personal benefit.” This Commentary analyzes a pending Supreme Court case, Salman v. United States, which addresses whether pecuniary gain is needed to constitute the personal benefit necessary for insider trading, or if certain relationships are enough for the tip to inherently create a personal benefit for the insider. The author argues …
From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead
From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead
Senior Honors Theses
Although numerous factors contribute to the decline of North Carolina’s economic prosperity, one of the most prevalent is the waste that occurs through the ineffective funding of education. In the last century, this system has become progressively centralized and bureaucratized which restricts the presence of diversity and hinders economic choice. The purest evidence of this movement is demonstrated through the state’s adoption of the Common Core State Standards (CCSS), an initiative designed to serve as a basis for federal entanglement in education. Proponents of CCSS claimed that the system would accomplish a variety of rigorous educational goals; however, none of …
December 4, 2016: The Supreme Court And Politics, Bruce Ledewitz
December 4, 2016: The Supreme Court And Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Supreme Court and Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Structural Etiology Of The U.S. Constitution, Charles Edward Andrew Lincoln Iv
A Structural Etiology Of The U.S. Constitution, Charles Edward Andrew Lincoln Iv
Student Scholarship
This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.
First, the article establishes Plato’s theory of the three-part Platonic soul as a major …
Takings Liability And Coastal Management In Rhode Island, Manta Dircks
Takings Liability And Coastal Management In Rhode Island, Manta Dircks
Sea Grant Law Fellow Publications
No abstract provided.
Policing Criminal Justice Data, Wayne A. Logan, Andrew Guthrie Ferguson
Policing Criminal Justice Data, Wayne A. Logan, Andrew Guthrie Ferguson
Scholarly Publications
No abstract provided.
Reproduction Reconceived, Courtney Megan Cahill
Reproduction Reconceived, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
Faculty Publications
This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …
The Amicus Machine, Allison Orr Larsen, Neal Devins
The Amicus Machine, Allison Orr Larsen, Neal Devins
Faculty Publications
The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …
Policing As Administration, Christopher Slobogin
Policing As Administration, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police agencies should be governed by the same administrative principles that govern other agencies. This simple precept would have significant implications for regulation of police work, in particular the type of suspicionless, group searches and seizures that have been the subject of the Supreme Court's special needs jurisprudence (practices that this Article calls "panvasive"). Under administrative law principles, when police agencies create statute-like policies that are aimed at largely innocent categories of actors-as they do when administering roadblocks, inspection regimes, drug testing programs, DNA sampling programs, and data collection-they should have to engage in notice-and-comment rulemaking or a similar democratically …
Legislative Exactions And Progressive Property, Timothy M. Mulvaney
Legislative Exactions And Progressive Property, Timothy M. Mulvaney
Faculty Scholarship
Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests …
November 30, 2016: More Paranoia: "Millions" Of Illegal Voters, Bruce Ledewitz
November 30, 2016: More Paranoia: "Millions" Of Illegal Voters, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Paranoia: "millions" of illegal voters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Choice Between Right And Easy: Pena-Rodriguez V. Colorado And The Necessity Of A Racial Bias Exception To Rule 606(B), Kevin Zhao
Duke Journal of Constitutional Law & Public Policy Sidebar
Traditionally, under Rule 606(b) of the Federal Rules of Evidence, jurors are barred from testifying towards matters within juror deliberations. However, many jurisdictions in the United States have adopted an exception to this rule for racial prejudice. That is, if a juror comes forward post-verdict to testify that another juror made racially charged comments within the jury room, then the verdict may be overturned. The Supreme Court will address this issue in its upcoming decision in Pena-Rodriguez v. Colorado. This commentary will argue that a racial bias exception is necessary to protect defendants' rights to a fair trial and …
“Government By Injunction,” Legal Elites, And The Making Of The Modern Federal Courts, Kristin Collins
“Government By Injunction,” Legal Elites, And The Making Of The Modern Federal Courts, Kristin Collins
Faculty Scholarship
The tendency of legal discourse to obscure the processes by which social and political forces shape the law’s development is well known, but the field of federal courts in American constitutional law may provide a particularly clear example of this phenomenon. According to conventional accounts, Congress’s authority to regulate the lower federal courts’ “jurisdiction”—generally understood to include their power to issue injunctions— has been a durable feature of American constitutional law since the founding. By contrast, the story I tell in this essay is one of change. During the nineteenth century and into the twentieth, many jurists considered the federal …
November 27, 2016: Perfect Paranoia—-Jill Stein’S Recount, Bruce Ledewitz
November 27, 2016: Perfect Paranoia—-Jill Stein’S Recount, Bruce Ledewitz
Hallowed Secularism
Blog post, “Perfect Paranoia—-Jill Stein’s Recount“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Brief Of Appellant, Abdullah Malik Joppy A/K/A Richard Joppy V. State Of Maryland, No. 533, Paul Dewolfe, Renée M. Hutchins, Peter Honnef
Brief Of Appellant, Abdullah Malik Joppy A/K/A Richard Joppy V. State Of Maryland, No. 533, Paul Dewolfe, Renée M. Hutchins, Peter Honnef
Court Briefs
No abstract provided.
November 19, 2016: The Hypocrisy Of The Congressional Republican Party, Bruce Ledewitz
November 19, 2016: The Hypocrisy Of The Congressional Republican Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Hypocrisy of the Congressional Republican Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.