Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (13)
- Selected Works (9)
- Roger Williams University (8)
- University of Colorado Law School (5)
- Northwestern Pritzker School of Law (4)
-
- University of Kentucky (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Maurer School of Law: Indiana University (3)
- Vanderbilt University Law School (3)
- American University Washington College of Law (2)
- Barry University School of Law (2)
- SelectedWorks (2)
- University of Pennsylvania Carey Law School (2)
- University of Richmond (2)
- Boston University School of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Duke Law (1)
- Duquesne University (1)
- Georgetown University Law Center (1)
- Louisiana State University Law Center (1)
- Murray State University (1)
- New York Law School (1)
- Pepperdine University (1)
- Saint Louis University School of Law (1)
- St. John's University School of Law (1)
- The University of San Francisco (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- Publication Year
- Publication
-
- Touro Law Review (12)
- Faculty Scholarship (5)
- Life of the Law School (1993- ) (5)
- Publications (5)
- Scholarly Works (5)
-
- All Faculty Scholarship (4)
- Law Faculty Scholarly Articles (4)
- Northwestern Journal of Law & Social Policy (4)
- Indiana Law Journal (3)
- School of Law Conferences, Lectures & Events (3)
- Articles (2)
- Susan D. Carle (2)
- University of Richmond Law Review (2)
- Vanderbilt Law Review (2)
- American University Law Review (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Bridges: An Undergraduate Journal of Contemporary Connections (1)
- Cathren Page (1)
- Cleveland State Law Review (1)
- Daniel M Braun (1)
- Douglas M. Spencer (1)
- Duquesne Law Review (1)
- Gaines Family Correspondence (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Georgia Journal of International & Comparative Law (1)
- Homeland Security Publications (1)
- Honors College Theses (1)
- Journal of Civil Rights and Economic Development (1)
- Law Faculty Publications (1)
- Louisiana Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 88
Full-Text Articles in Law
Time To Slapp Back: Advocating Against The Adverse Civil Liberties Implications Of Litigation That Undermines Public Participation, Jennifer Safstrom
Time To Slapp Back: Advocating Against The Adverse Civil Liberties Implications Of Litigation That Undermines Public Participation, Jennifer Safstrom
Vanderbilt Law School Faculty Publications
Defamation law is a catchall term encompassing civil claims for reputational harm to an individual, including slander and libel. Defamation claims originated in English common law and have since evolved within the American legal system. Scholars have characterized the law of defamation as “a forest of complexities, overgrown with anomalies, inconsistencies, and perverse rigidities” and as a “‘fog of fictions, inferences, and presumptions.’” Amid these inherent variations and complexities of defamation law and litigation — including the largely state-specific nature of tort law development — emerges a disturbing trend across jurisdictions. In the modern era, defamation claims have been used …
Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden
Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Examining Civil Rights Litigation Reform, Part I: Qualified Immunity, Alexander A. Reinert
Examining Civil Rights Litigation Reform, Part I: Qualified Immunity, Alexander A. Reinert
Testimony
The U.S. House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties issued the following testimony by Alexander A. Reinert, professor of litigation and advocacy at Benjamin N. Cardozo School of Law, involving a hearing on March 31, 2022, entitled "Examining Civil Rights Litigation Reform, Part 1: Qualified Immunity."
Civil Rights Catch 22s, Jonathan Feingold
Civil Rights Catch 22s, Jonathan Feingold
Faculty Scholarship
Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground community plight—such as academic underachievement or overincarceration. Rational plaintiffs, responding in kind, deploy legal narratives that tend to track racial stereotypes and regressive theories of inequality. When this occurs, even successful lawsuits can harden the structural and behavioral forces that produce and perpetuate racial inequality.
I refer to …
Muslims In Prison: Advancing The Rule Of Law Through Litigation Praxis, Spearit
Muslims In Prison: Advancing The Rule Of Law Through Litigation Praxis, Spearit
Articles
Islamic ideas about justice and equality directly informed the development of prison law jurisprudence in the United States. Since the early 1960s, when federal courts began to hear claims by state prisoner-petitioners, Muslims began to look to courts to establish Islam in prison and inaugurated an ongoing campaign for civil rights. The trend is significant when considering Muslims represent a relatively small percentage of the American population. Decades of persistent litigation by Muslims in courts have been integral to developing the prisoners’ rights movement in America. The Muslim impact on prison law and culture is an underappreciated phenomenon that involves …
Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington
Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington
Honors College Theses
This research examines the comparative efficacy of federal appellate court decisions and federal legislation with regards to the furtherance of civil rights on the basis of sexual orientation. The research examines efficacy based upon the number of measures which have been implemented as well as the content of each measure. The research examines federal appellate and Supreme Court decisions, as well as adopted pieces of federal legislation since 1950. It also examines the likely causes of the disparities in efficacy that are indicated in this analysis. The findings of this research indicate that litigation has been much more effective at …
The Powers Of The Inter-American Court Of Human Rights Towards The Implementation Of Gender Justice Laws At The National Level In South America, Kiana Therrien-Tomas Miss
The Powers Of The Inter-American Court Of Human Rights Towards The Implementation Of Gender Justice Laws At The National Level In South America, Kiana Therrien-Tomas Miss
Bridges: An Undergraduate Journal of Contemporary Connections
Although South America is earning international attention as an innovative global leader in various fields, it currently remains a nation steeped in traditional beliefs and practices. Despite prevailing laws against domestic violence, countless Latin American women proceed to be failed by the legal system. As South American society produces its own theory of gender justice, apprised by local realities and universally accepted norms, women's rights advocates and the Supreme Court can represent a decisive role in forming the discourse. Throughout this work, I aim to contemplate the powers of the Inter-American Court of Human Rights (IACHR) towards the implementation of …
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law
What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll
Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll
Indiana Law Journal
A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding. …
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Publications
No abstract provided.
Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden
Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Grappling With Law On Campus Sexual Misconduct 11-08-2019, Michael M. Bowden
Law School News: Grappling With Law On Campus Sexual Misconduct 11-08-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed
Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed
Louisiana Law Review
The article examines the challenges inherent in the protection of religious beliefs pursuant to Title VII of the Civil Rights Act of 1964 in the court cases U.S. Employment Commission v. Consol Energy and McCrory v. Rapides Regional Medical Center and explains the benefits of a proper sincerity analysis to the court, employers and employees.
The Civil Rights Litigation Clearinghouse: Origins And Goals, Margo Schlanger
The Civil Rights Litigation Clearinghouse: Origins And Goals, Margo Schlanger
Articles
The Civil Rights Litigation Clearinghouse (http://clearinghouse.net) solves a significant information deficit related to civil rights litigation by posting information about thousands of ongoing and closed large-scale civil rights cases. Documents are OCR’d and searchable; cases are searchable by metadata tags as well as full-text searching. Each case has a litigation summary by a law student. We live in a civil rights era—a time when people are using the courts, among other strategies, to fight for civil rights. The Clearinghouse posts the records of those fights, the stories of civil rights cases—across topics, across regions, across organizations—and makes them searchable, usable, …
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Northwestern Journal of Law & Social Policy
No abstract provided.
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Northwestern Journal of Law & Social Policy
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Qualified Immunity When Facts Are In Dispute, Leon Friedman
Qualified Immunity When Facts Are In Dispute, Leon Friedman
Touro Law Review
No abstract provided.
Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles
Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles
Touro Law Review
No abstract provided.
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass
Touro Law Review
No abstract provided.
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Touro Law Review
No abstract provided.
Reality's Bite, Kerri Lynn Stone
Reality's Bite, Kerri Lynn Stone
Journal of Civil Rights and Economic Development
No abstract provided.
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
University of Richmond Law Review
No abstract provided.