Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Law

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel Oct 2017

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel Oct 2017

Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel

Law School Blogs

No abstract provided.


Gender Wage Inequality: Is More Legislation The Answer?, Nicole Michele Barnhart Oct 2017

Gender Wage Inequality: Is More Legislation The Answer?, Nicole Michele Barnhart

Seattle University Law Review

This Comment examines the unfortunate truth of gender wage inequality, focusing primarily on the California Fair Pay Act—one of the toughest equal pay laws in the United States. Part I examines the gender pay gap and how it is calculated. Part II provides an overview of the different laws aimed at protecting women from wage inequality both at a federal and state level. Part III discusses the negative, unintended consequences that may arise from the California Fair Pay Act by closely examining the plain language of the legislation. Part IV analyzes the underlying factors that contribute to wage inequality between …


Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law Sep 2017

Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Babies Aren't U.S., Zachary J. Devlin Aug 2017

Babies Aren't U.S., Zachary J. Devlin

University of Massachusetts Law Review

Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …


Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv Jun 2017

Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv

University of Massachusetts Law Review

The American fishing industry has long been an important part of the economy. In time, overfishing led to restrictions on the industry through the Magnuson-Stevens Act. However, the Act has led to severe curtailments on fishing that have severely hampered the industry. This caused particular harm to the Northeast, resulting in a federally declared fishing disaster. This Note argues that the recently proposed revisions to the Magnuson-Stevens Act allow for a balance between protecting our oceans and allowing the fishing industry to thrive again. This would help the Northeast fishing industry properly recover while preventing any further tragedies of the …


Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan Jun 2017

Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan

University of Massachusetts Law Review

In the past, the agencies charged with the implementation of the Endangered Species Act have shirked invoking the full range of regulatory tools at their disposal. They altered the structure of the Act in violation of Congressionally-granted authority to better accommodate both developmental and conservation interests. After a string of critical judicial decisions, the Services finally changed their implementation of the Act to parallel the protections envisioned by Congress. Though these changes will shift strength between provisions within the Act, they will not drastically alter the status quo by allowing the Services discretion in making judgments regarding the recovery of …


Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey Jun 2017

Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey

University of Massachusetts Law Review

This article is the first to point out that a few relatively low-profile lawsuits involving Uber’s liability under the ADA could have an outcome-determinative effect on O’Connor v. Uber Technologies, Inc., the blockbuster employment misclassification case brought against the startup by its own drivers. Because both types of lawsuits hinge on the role that drivers play within Uber’s business model, a ruling in favor of ADA liability which compelled Uber to exert additional control over its drivers would also, in turn, jeopardize the drivers’ legal status as independent contractors. Such an outcome would be catastrophic to Uber’s core business model, …


Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch May 2017

Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch

University of Richmond Law Review

No abstract provided.


Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill May 2017

Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill

University of Richmond Law Review

No abstract provided.


Law Library Blog (March 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2017

Law Library Blog (March 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox Mar 2017

"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox

University of Richmond Law Review

No abstract provided.


Classified Information Cases On The Ground: Altering The Attorney-Client Relationship, Paul G. Gill Mar 2017

Classified Information Cases On The Ground: Altering The Attorney-Client Relationship, Paul G. Gill

University of Richmond Law Review

No abstract provided.


Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks Mar 2017

Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks

University of Richmond Law Review

No abstract provided.


Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg Feb 2017

Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg

Roni M Rosenberg

The goal of this essay is to identify and discuss two aspects of liberty by examining the distinction between act and omission in criminal jurisprudence. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. Any act that causes death is grounds for a homicide conviction -- subject, of course, to the existence of the other elements necessary for establishing criminal liability, such as causation and mens rea. However, liability for death by omission is subject to the additional identification of a duty to act. In other words, the defendant …


Trending @ Rwu Law: David Logan's Post: Reliving The Civil Rights Movement With Rep. John Lewis 1-17-2017, David Logan Jan 2017

Trending @ Rwu Law: David Logan's Post: Reliving The Civil Rights Movement With Rep. John Lewis 1-17-2017, David Logan

Law School Blogs

No abstract provided.


The Violence Against Women Act: A Double-Edged Sword For Native Americans, Their Rights, And Their Hopes Of Regaining Cultural Independence, Mary K. Mullen Jan 2017

The Violence Against Women Act: A Double-Edged Sword For Native Americans, Their Rights, And Their Hopes Of Regaining Cultural Independence, Mary K. Mullen

Saint Louis University Law Journal

No abstract provided.