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Full-Text Articles in Arts and Humanities

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell Oct 2023

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …


Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society May 2023

Supreme Court Interruptions And Interventions: The Changing Role Of The Chief Justice, Tonja Jacobi, Matthew Sag Jan 2023

Supreme Court Interruptions And Interventions: The Changing Role Of The Chief Justice, Tonja Jacobi, Matthew Sag

Faculty Articles

Interruptions at Supreme Court oral argument have received much attention in recent years, particularly the disproportionate number of interruptions directed at the female Justices. The Supreme Court changed the structure of oral argument to try to address this problem. This Article assesses whether the frequency and gender disparity of interruptions of Justices improved in recent years, and whether the structural change in argument helped. It shows that interruptions decreased during the pandemic but then resurged to near-record highs, as has the gender disparity in Justice-to-Justice interruptions. However, although the rate of advocate interruptions of Justices also remains historically high, for …


Changemakers: Elevating Conversations Around Indigenous Peoples' Rights, Roger Williams University School Of Law Jan 2023

Changemakers: Elevating Conversations Around Indigenous Peoples' Rights, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Jun 2022

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law May 2022

Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law Mar 2022

Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Jacquelyn L. Bridgeman Interview; Oral History Project, Jacquelyn L. Bridgeman, Cristina E. Salazar, Shelby Nivitanont Mar 2022

Jacquelyn L. Bridgeman Interview; Oral History Project, Jacquelyn L. Bridgeman, Cristina E. Salazar, Shelby Nivitanont

Wyoming Oral History

Jacquelyn L. Bridgeman, Kepler Professor of Law, Director of School of Culture, Gender & Social Justice.

In this oral history, Professor Bridgeman discuses what it was like to grow up in Laramie, WY, her experience as a woman of color in the legal career field, and her accomplishments as a lawyer, law professor, and magistrate. Professor Bridgeman touches on stories from when President Obama was her professor at University of Chicago Law School, insights into current events in the Wyoming Legislature, and her perspective on diversity recruitment.


Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson Jan 2022

Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Vincent R. Johnson, professor at St. Mary's University School of Law in San Antonio, Texas, reviews The Man in the Ditch: A Redemption Story for Today by Dallas attorney Mike H. Bassett.


Litigation As Integration And Participation: The Role Of Lawsuits In The U.S. Environmental Justice Movement, Tomas Sebastian Forman Jan 2022

Litigation As Integration And Participation: The Role Of Lawsuits In The U.S. Environmental Justice Movement, Tomas Sebastian Forman

Senior Projects Spring 2022

What is, has been, and could be the role of litigation in the U.S. environmental justice movement? To what ends do Indigenous communities, federally-recognized tribes, and rural Black communities choose to engage with the U.S. legal system, an institution which has, over history, consistently subjugated and dispossessed them? How do these groups' particularistic relationships to natural and built environments, conceptions of justice and fairness, and understandings of what effective environmental regulation look like inform that choice? This paper draws from in-depth qualitative research to demonstrate the following things: (1) how environmental justice lawsuits differ from canonical environmental and civil rights …


Clark Memorandum: Fall 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Nov 2021

Clark Memorandum: Fall 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

Read on Issuu


An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law Oct 2021

An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Announcing The 2nd Annual Rbg Contest For K-12 Students 10-27-2021, Michael M. Bowden Sep 2021

Law School News: Announcing The 2nd Annual Rbg Contest For K-12 Students 10-27-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams May 2021

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …


Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society May 2021

Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

Read on Issuu


Perceptions Of Lgbtqi+ Diversity In The Legal Profession: "It's Happening Slow, But It's Certainly Happening", Aidan Ricciardo, Stephen Puttick, Shane Rogers, Natalie Skead, Stella Tarrant, Melville Thomas Apr 2021

Perceptions Of Lgbtqi+ Diversity In The Legal Profession: "It's Happening Slow, But It's Certainly Happening", Aidan Ricciardo, Stephen Puttick, Shane Rogers, Natalie Skead, Stella Tarrant, Melville Thomas

Research outputs 2014 to 2021

This article reports on a qualitative study aimed at understanding how LGBTQI+ law students and recent graduates perceive and experience the legal profession. While we found that several participants self-censor in interactions with the profession, others considered their LGBTQI+ identity as advantageous, enabling them to benefit from ‘diversity hiring’. Despite this, many participants regarded the legal profession as ‘conservative’ and influenced by the ‘old guard’, which remains unaccepting of LGBTQI+ identities. Participants also considered the profession to be more accepting of some LGBTQI+ identities than others. We conclude by suggesting strategies to improve perceptions and experiences of the profession.


Deodand, Brian L. Frye Apr 2021

Deodand, Brian L. Frye

Seattle University Law Review SUpra

Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. And that’s what makes them so lyrical. The concept of the deodand is beautiful even though we can’t understand it. Or rather, it’s beautiful because we can’t understand it. If we understood deodands, surely they would be as prosaic as life insurance and conceptual art.

In 1964, …


Lifetimes: Fred Aman '67, Merging The Worlds Of Law And Music, University Of Rochester Apr 2021

Lifetimes: Fred Aman '67, Merging The Worlds Of Law And Music, University Of Rochester

Alfred Aman Jr. (1991-2002)

Now the holder of a named professorship at the Maurer School of Law at Indiana University Bloomington, University of Rochester Life Trustee Fred Aman '67 retired last year after a decorated career as an attorney, legal scholar, and academic administrator. Along the way, he's been an accomplished jazz drummer.

To read more and hear some of Aman's music, visit uofr.us/fred-aman


Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2021

Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden Feb 2021

Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez Jan 2021

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez

Articles

LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.


Lawyers For White People?, Jessie Allen Jan 2021

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …


Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey Oct 2020

Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.


Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines Oct 2020

Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines

Dickinson Law Review (2017-Present)

The article focuses on a troubling aspect of contemporary judicial morality.

Impartiality—and the appearance of impartiality—are the foundation of judicial decision-making, judicial morality, and the public’s trust in the rule of law. Recusal, in which a jurist voluntarily removes himself or herself from participating in a case, is a process that attempts to preserve and promote the substance and the appearance of judicial impartiality. Nevertheless, the traditional common law recusal process, prevalent in many of our state court systems, manifestly subverts basic legal and ethical norms.

Today’s recusal practice—whether rooted in unintentional hypocrisy, wishful thinking, or a pathological cognitive dissonance— …


Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis Oct 2020

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …


Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2020

Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

Read on Issuu


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

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

Law Library Newsletters/Blog

No abstract provided.


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 Aug 2020

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.


Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine Jul 2020

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …


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

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

Law Library Newsletters/Blog

No abstract provided.