Digital Commons Network^™

North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe

NCCU Environmental Law Review

No abstract provided.

Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Vegan Parents And Children: Zero Parental Compromise, Carlo Alvaro

Publications and Research

Marcus William Hunt argues that, when co-parents disagree over whether to raise their child (or children) as a vegan, they should reach a compromise as a gift given by one parent to the other out of respect for his or her authority. Josh Millburn contends that Hunt’s proposal of parental compromise over veganism is unacceptable on the ground that it overlooks respect for animal rights, which bars compromising. However, he contemplates the possibility of parental compromise over “unusual eating,” of animal-based foods obtained without the violation of animal rights. I argue for zero parental compromise, rejecting a rights-oriented approach, and …

Correlation And Constitutional Rights, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Skepticism among American scholars about the value of analytic legal positivism stems in part from the pervasiveness of private law in analytic jurisprudence. Wesley Hohfeld’s influential framework proves little different: although he claims that the jural relations apply to constitutional entitlements, he relies on private law for their exposition. Matthew Kramer’s scholarship clarifies and develops Hohfeld’s framework and draws greater attention to its application in the public realm. This chapter advances the discussion by examining the application of the Hohfeld-Kramer framing to constitutional law in particular, demonstrating the weaknesses in assuming that the private law model can be sustained without …

Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Common Law As A Force For Women, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This essay introduces a collection of Symposium Essays examining Anita Bernstein's book, The Common Law Inside the Female Body (Cambridge University Press, 2019). Professor Bernstein explores the common law's recognition of both rights and liberties, highlighting in particular negative liberties such as the right to be left undisturbed. The Symposium Essays test and explore Professor Bernstein's thesis as applied to the right to be free from rape and unwanted pregnancies. Grounded in perspectives informed by the study of tort law, legal history, intellectual property, constitutional law, and critical race theory, these Essays--together with Professor Bernstein's book--suggest that the common law …

How Nondiscrimination Takes Root: An Examination Of Methods To Implement Statewide Nondiscrimination Legislation In Kentucky., Blake Nona Gould

Electronic Theses and Dissertations

This research examined the numerous fairness ordinances in Kentucky’s cities for repeated trends, patterns, and practices in their language. Through the use of a cumulative case study, cases were selected from the ordinances as well as state and federal law, judicial actions, and other relevant factors from within the state. Each of the ordinances were examined for generalizability and their ability to be applied to a single, unified state nondiscrimination law that conforms with existing state and federal law. It was found that significant similarities exist between the various ordinances, though discrepancies would also need to be addressed. In the …

Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Procedural Status Of The Prosecutor In Criminal Proceedings In The Courts Of First Instance And Issues Of Its Improvement, D. Dovudova

Review of law sciences

This article is devoted to the importance of improvement of the prosecutor’s powers in court proceedings at the time of ongoing judicial and legal reforms, prosecutor’s participation in court proceedings as a state representative generally supporting public accusation, as well as the impact of his knowledge, behavior, readiness for the trial, involvement in the examination of evidence and perceptions on the decision making stage, regarding the case. In addition, based on the observations on the functions, tasks and powers of the prosecutor attending the court proceedings as a public accuser, pragmatic recommendations and proposals are made for the improvement of …

El Covid-19 Y El Derecho A La Información De Los Pueblos Indígenas En La Región De Arica Y Parinacota / Covid-19 And The Right To Information Of Indigenous Peoples In The Region Of Arica And Parinacota, Finn Odum

Independent Study Project (ISP) Collection

The present work tries to understand if the health communication programs in Chile are sufficient and, specifically, if the Chilean state guarantees the right to information of indigenous peoples in the context of COVID-19 in the Arica and Parinacota region. For this, semi-structured interviews were carried out and analyzed using the Atlas.ti software. The results showed that the indigenous peoples of Arica and Parinacota need intercultural programs that recognize their rights and cultures, and more access to information.

El presente trabajo pretende comprender si los programas de comunicación de salud en Chile son suficientes y, en específico, si el estado …

Is The Right To Abortion Still Specially Protected?, John M. Greabe

Law Faculty Scholarship

[excerpt] Last week, in June Medical Services v. Russo, the Supreme Court heard arguments in a case that once again raises questions about the extent to which the Constitution protects a woman's right to end a pregnancy. But the way in which the court resolves the case is likely to reveal more than just its views on abortion rights.

This column, the first in a series of three, describes the legal and historical path that led to June Medical Services. The next two will explore what the case suggests about, respectively, how the current court will treat constitutional …

Law Library Blog (February 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.

Champions For Justice 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Rent For Rent: Making A Living By Licensing Your Music, Jessica Muñiz-Collado

CAHSS Faculty Presentations, Proceedings, Lectures, and Symposia

Wouldn’t it be great if a composer, music producer, or songwriter could pay their rent by “renting” out their music? This demonstration will simplify the music licensing process, focus on researching music libraries, preparing songs for submissions and much more.

Trials Of Belonging: Indigenous Peoples' Struggle With Law And Power In Twentieth-Century North America, Kevin Thomas Guay

Open Access Theses & Dissertations

Spanning multiple fields of scholarly inquiry, the bulk of this study concerns itself with competing notions of sovereignty, citizenship, boundary-making, and belonging in twentieth and twenty-first century Indigenous North America. Situated at the productive confluence of Borderlands history, Native American and Indigenous Studies, Critical Legal Studies, and Immigration history, this Dissertation analyzes the numerous treaties, codes, edicts, bylaws and other expressions of settler colonial jurisprudence that penetrated the everyday lives of Indigenous peoples across North America. These statutes-designed to limit Native power, dissolve Indigenous cultural identity, and strip tribal peoples of their landholdings and personhood-constituted an ongoing settler colonial project …

The Work Of Sex Work: Legislative Failures, Societal Prejudices, And Their Disparate Outcomes In The Fight For Sex Workers’ Rights, Abigail Yvonne Swartvagher

Senior Projects Spring 2020

Senior Project submitted to The Division of Social Studies of Bard College.

Data Battles, Platform Shutdowns, And Digital Rights In Surveillance: Labor Politics In The Online Sex Industry, Winifred R. Poster

Saint Louis University Law Journal

Sex workers are often portrayed as groups with little authority over their jobs. But lately they are making much use of online spaces, both large scale public-facing platforms and their own smaller websites. Taking a deeper ethnographic look into their online activities, I recount a story of highly adept, technologically proficient, and expert digital navigation by sex workers online.

The analysis follows the trajectory of platforms in the online sex industry over the last two decades. First it charts the rise of platforms for matching, reviewing, and identity verification, many of which developed roughly around the 2000s, and their impact …

Análisis De La Responsabilidad Social De Ecopetrol: Una Aproximación Al Capital Y Desarrollo Sociales, Tania Liseth Castiblanco López

Economía

Para el análisis de la Responsabilidad Social Empresarial de Ecopetrol se abordan diversos discursos del desarrollo y el capital social que han sido formulados respondiendo a los cambios de la teoría económica y social. Por lo tanto, se busca generar una aproximación de la definición respondiendo a la pregunta, ¿el desarrollo como capital social se aproxima al concepto de RSE en la teoría económica contemporánea? por consiguiente, se reconoce que los conceptos de desarrollo y capital sociales se relacionan con en el discurso de RSE de Ecopetrol en función de los derechos humanos.

Se realiza de igual manera, un análisis …

The Contradictory Politics Of The Right To Travel:Mobilities, Borders & Tourism, Raoul V. Bianchi, Marcus L. Stephenson, Kevin Hannam

Faculty of Management & Hospitality (THEi)

The freedom of movement and right to travel are intrinsic to the growth of international tourism. Notwithstanding the inchoate nature of the right to tourism, the entitlement to travel and to pursue tourism without hindrance is firmly established in advanced capitalist societies. Moreover, the right to tourism has been recently enshrined in the 2017 United Nations World Tourism Organisation (UNWTO) Framework Convention on Tourism Ethics. Tourists’ ease of mobility contrasts starkly with the movements of less privileged forms of mobility that may be variously constrained by racism, xenophobia and restrictive border controls. This paper contends that rather than a mere …

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

Escaping The Snowstorm: Legal Rights And Economics In The Developing World, Zane Tolchinsky

CMC Senior Theses

In this thesis, I seek to provide a framework for developing nations making policy-decisions about legal rights, as in the realm of Rawlsian ideal theory, prescriptions for governments not living in conditions of moderate scarcity is lacking. I first springboard off Stephen Holmes and Cass R. Sunstein’s conclusion that “all legal rights are positive,” from their book, The Cost of Rights, to argue for the value of considering the economic implications of rights protections. I then propose that Holmes and Sunstein’s conclusion means that we can think of legal rights as goods to be purchased by governments. Next, I …

The Right Family, Noa Ben-Asher, Margot J. Pollans

Faculty Publications

The family plays a starring role in American law. Families, the law tells us, are special. They merit many state and federal benefits, including tax deductions, testimonial privileges, untaxed inheritance, and parental presumptions. Over the course of the twentieth century, the Supreme Court expanded individual rights stemming from familial relationships. In this Article, we argue that the concept of family in American law matters just as much when it is ignored as when it is featured. We contrast policies in which the family is the key unit of analysis with others in which it is not. Looking at four seemingly …

The Ethical And Political Contours Of Institutional Promotion In Esports: From Precariat Models To Sustainable Practices, Florence Chee, Veli-Matti Karhulahti

School of Communication: Faculty Publications and Other Works

This study evaluated five cases in which an executive esport owner (Riot Games) made rulings regarding activities and infractions by members of various institutions related to its product (League of Legends). The findings of this study support future theoretical exploration of other esports in seeking a fuller understanding of issues related to consent, power differentials, and roles and behaviors expected of the institutional activities of players and teams in competition. We suggest that a consideration of moral rights in the policymaking process is a way to explicitly acknowledge and reward the bond between artist and art, as well as move …

Hayek And Natural Law: Grounding Social Institutions In Human Action And Morals, Ethan Davis

Electronic Theses and Dissertations

Friederich Hayek’s The Constitution of Liberty provides us with a theory of freedom, one that seeks to minimize coercion in the name of progress. The concept of progress is the grounding for Hayek’s entire theory. It ultimately provides the value of both liberty and those things which derive their value by preserving, promoting, and constituting liberty, such as rights and laws more generally. The problem is that progress is an ill-defined concept because Hayek’s descriptions of it are so vague that it cannot provide any satisfying explanation of why progress itself is desirable and, consequently, why we should promote liberty …

At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas

Open Access Theses & Dissertations

Indigenous Peoples in Mexico have long struggled in securing their rights in colonizing states. Applying party capability theory, this paper seeks to empirically understand the Mexican Supreme Court's behavior in cases pertaining to Indigenous Peoples. This paper thus evaluates the degree to which the Mexican Supreme Court is indeed an impartial actor that produces "equal protection under the law" for everyone (Galanter, 1974). Specifically, this paper examines the questions: To what extent does the Mexican Supreme Court protect Indigenous Peoples' rights? Are Indigenous Peoples legally affected by the power disparity perpetuated by the inequality in the country? This paper thus …