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Full-Text Articles in Law

Law Library Blog (November 2021): Legal Beagle's Blog Archive, Roger Williams University School Oflaw Nov 2021

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

Law Library Newsletters/Blog

No abstract provided.


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

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

Law Library Newsletters/Blog

No abstract provided.


Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe Aug 2017

Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."


"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski Jan 2012

"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski

All Faculty Scholarship

“Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We conducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unprotected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion outside of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a campus recruitment facility. Subjects of opposing cultural outlooks who were assigned to the same experimental condition …


Practicing Civility In The Legal Writing Course: Helping Law Students Learn Professionalism, Sophie M. Sparrow Jan 2007

Practicing Civility In The Legal Writing Course: Helping Law Students Learn Professionalism, Sophie M. Sparrow

Law Faculty Scholarship

This Article suggests some concrete ways to teach civility— one component of professionalism—to law students. Professionalism certainly includes much more than civility, incorporating the concepts of ethics, morals, public service, life-long learning, personal integrity, professional identity, and a commitment to selfdevelopment. This Article begins with a brief overview of civility in Part I. Part II provides a few of the many arguments for why we should teach law students to be civil. Part III explores some concrete ways in which we can teach civility within individual classes, using the dynamics of student engagement in the classroom as an opportunity to …


Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson Jan 1990

Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson

All Faculty Scholarship

In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …


On Justifying Enforced Requirements: A Reply To Baier, David B. Lyons Apr 1975

On Justifying Enforced Requirements: A Reply To Baier, David B. Lyons

Faculty Scholarship

There are limits to the possible subjects of justification. Typically, it concerns human behavior and things that human intervention can affect. Failing special circumstances, it makes no sense to speak of justifying the weather. There may be other limits to the class of possible subjects for justification; for example, it is sometimes said that a thing cannot be justified unless it has been indicted, though it is not clear how this claim should be taken. For there simply may be no point in bothering to justify something that is not suspect in some way, and the relevant condition can generally …