Law Commons^™

Courts And Executives, Jeffrey L. Yates, Scott S. Boddery

Political Science Faculty Publications

William Howard Taft was both our twenty-seventh president and the tenth Chief Justice of the U.S. Supreme Court -- the only person to have ever held both high positions in our country. He once famously commented that "presidents may come and go, but the Supreme Court goes on forever" (Pringle 1998). His remark reminds us that presidents serve only four-year terms (and are now limited to two of them), but justices of the Supreme court are appointed for life and leave a legacy of precedent-setting cases after departing the High Court. Of course, presidents also leave a legacy of important …

Embracing Immigrants Is A Religious Imperative, Christopher R. Fee

English Faculty Publications

I’m an English professor, and in leftist intellectual circles it’s often considered somewhat unsophisticated and definitely uncool to argue in favor of traditional religious beliefs. However, as the clerk of a tiny Quaker Meeting in a farming community in rural Pennsylvania, I feel led to do so in the context of the debate about immigration. I would submit that Scripture is explicit in its requirement that we accept and embrace the immigrants in our midst, and note that Leviticus (19:34) makes no mention of legal status. (excerpt)

"First Woman To Lead R.I. State Police Attributes Her Achievement In Part To Portuguese-American Ancestry", Sabrina Brum, Iplws Ric

Elected and Appointed Officials Project

Institute intern Sabrina Brum '19 interviewed Col. Ann C. Assumpico, 13th Superintendent of the Rhode Island State Police for the IPLWS Elected and Appointed Officials Project and authored this news article, published on July 7, 2017 by O Jornal/The Herald News of Fall River. The IPLWS is grateful for the assistance of the Rhode Island College's Office of Communications and Marketing.

Personality Factors, Obsessive-Compulsive Behavior, And Sexual Fantasy As Predictors Of Paraphilic Disorder Intensity, Ethan Jack Edwards

Masters Theses & Specialist Projects

Researchers vary on their definitions of paraphilia. A difference exists between an individual possessing a paraphilia versus an individual possessing a paraphilic disorder. Hanson (2010) proposed a dimensional model of sexual deviance that includes a measure of intensity. However, research on sexual intensity has been lacking. A majority of existing research focuses on the potential risk factors of possessing a paraphilia or paraphilic disorder (e.g., criminality). There is less focus on whom in the population has the potential to develop a paraphilia; or which factors predict paraphilic behavior.

The Big Five personality factors (openness to experience, conscientiousness, extraversion, agreeableness, and …

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

Law Library Newsletters/Blog

No abstract provided.

Rehabilitation And Reintegration Of Genocide Ex-Prisoners: Understanding The Correctional Role Of Prisons In Rwanda, Lulu Abdun

Independent Study Project (ISP) Collection

After the Genocide Against the Tutsi in 1994, over 120,000 people were imprisoned in Rwanda for the perpetration of genocide. Twenty-three years after the Genocide, numerous genocide ex-prisoners have been released. Throughout their prison time and after their release, rehabilitation and reintegration programming has been available. This paper looks at the rehabilitation and reintegration programming available to genocide ex-prisoners, the success and challenges they currently face or have previously faced, and recommendations for reforms for the future prison/rehabilitation/reintegration process. This paper also examines the correctional role of prisons in Rwanda and how that contributes to successful reintegration. From interviewing genocide …

Academic Freedom As A Human Right: The Problem Of Confucius Institutes, Jay Todd Richey

Mahurin Honors College Capstone Experience/Thesis Projects

Academic freedom is the ability to explore, research, and analyze any topic without prohibitions or repercussions. In the Anglo-American tradition, it is both a fundamental aspect of academia and, as this thesis argues, a fundamental human right. Although the United States embraces this core principle of academia within American universities, the People’s Republic of China (PRC) seeks to suppress the acquisition of knowledge through restrictions on topics deemed politically-sensitive to the Chinese government. Although human rights abuses pervade the PRC and academic freedom is suppressed, PRC-funded entities known as Confucius Institutes (CIs) are widely embraced at universities in liberal democracies. …

Eartha M. M. White Collection Container List, Thomas G. Carpenter Library Special Collections And University Archives

Finding Aids and Container Lists

Personal correspondence, documents, notes, memorabilia, printed materials and photographs. Notable materials include numerous photographs chronicling twentieth century black history in Jacksonville and historical photographs of urban Jacksonville. Included in the collection are the photographs of R. Lee Thomas, a black photographer active in the early twentieth century in the southern United States. Thomas' work covers primarily southern black religious and labor groups, circa 1946-49.

For Legal Principles, Mitchell N. Berman

All Faculty Scholarship

Most legal thinkers believe that legal rules and legal principles are meaningfully distinguished. Many jurists may have no very precise distinction in mind, and those who do might not all agree. But it is widely believed that legal norms come in different logical types, and that one difference is reasonably well captured by a nomenclature that distinguishes “rules” from “principles.” Larry Alexander is the foremost challenger to this bit of legal-theoretic orthodoxy. In several articles, but especially in “Against Legal Principles,” an influential article co-authored with Ken Kress two decades ago, Alexander has argued that legal principles cannot exist.

In …

Changing Publishing Ecologies: A Landscape Study Of New University Presses And Academic-Led Publishing: A Report To Jisc, Janneke Adema, Graham Stone, Chris Keene

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

A new wave of university presses is emerging. Common characteristics are that they are open access (OA), digital first, library-based, and they often offer a smaller set of services than a traditional publisher, blurring the line between publisher and platform. In tandem, a small but notable number of academics and researchers have set up their own publishing initiatives, often demonstrating an innovative or unique approach either in workflow, peer review, technology or business model.

These new publishing initiatives have a potentially disruptive effect on the scholarly communication environment, providing new avenues for the dissemination of research outputs and acting …

Loving, Hector Voltaire, 1839-1913 (Sc 3123), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and full-text typescript (click on "Additional Files" below) for Manuscripts Small Collection 3123. Letter, 31 July 1862, of Hector V. Loving, Bowling Green, Kentucky, to Harlan P. Lloyd, Angelica, New York. He tells his former schoolmate of his law study and practice since graduation from New York’s Hamilton College, and particularly describes the uproar in his home town of Bowling Green, Kentucky at the outbreak of the Civil War: secessionist “treason,” the Confederate occupation, and the rebuilding of the city afterward. He also refers to their classmate and law student Daniel Webster Wright as a “violent” secessionist.

The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni

All Faculty Scholarship

Intransitive choices, or cycling, are generally held to be the mark of irrationality. When a set of rules engenders such choices, it is usually held to be irrational and in need of reform. In this article, we prove a series of theorems, demonstrating that all feasible legal regimes are going to be rife with cycling. Our first result, the legal cycling theorem, shows that unless a legal system meets some extremely restrictive conditions, it will lead to cycling. The discussion that follows, along with our second result, the combination theorem, shows exactly why these conditions are almost impossible to meet. …

Media Coverage Of Tennessee's Amendment 1, Hayley A. Brundige

Baker Scholar Projects

In 2014, Tennesseans went to the polls to vote on a controversial abortion amendment to the state constitution that was years in the making. Two organizations – Yes on 1 and No on One – spent millions of dollars on advertising to insert their rhetoric into the public debate and sway voter opinion. To some, Amendment 1 represented a chance for Tennesseans to take back control over abortion regulations in the state and protect women and girls. To others, the measure went too far and constituted unnecessary government interference into private decisions. For many, the issue set two deeply-held values …

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

Law Library Newsletters/Blog

No abstract provided.

Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller

Political Science Student Scholarship

This thesis examines the legal work required to establish a sufficient lawfare defense by focusing on the Department of Defense Judge Advocate Generals’ Corps (JAG Corps). The work will describe the JAG Corps as a well-trenched bureaucracy with a moral mission to uphold the military’s honor through laws, and how this was interpreted by the Bush and Obama administrations.

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …

Constructed Borders And Conditional Belonging: Refugee Narratives In Literature And Law, Rachel C. Wilson

English Honors Projects

Merging literary criticism and political theory, this project explores the representations of refugees in contemporary fiction and human rights law. Through a close reading of reports and press releases published by human rights organizations, I trace how NGOs’ moral and expert authority creates a narrow emphasis on refugees’ fear and victimhood. As novels by Dave Eggers, Susan Choi, Caryl Phillips, and Chris Cleave show, literature is not bound by the same constraints. These novels reveal the internal borders that continue to compromise refugees’ belonging after resettlement. Employing a metanarrative that considers the uses and limits of its own project, literature …

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Briefs

No abstract provided.

Card: Thank You Note From President Bill Clinton, William Jefferson Clinton

Saffy Collection - All Textual Materials

Note: To Edna Saffy, your support and friendship during my first term have meant much to me and our administration. Thank you. Bill Clinton.

Certificate Of Subject Of Biographical Record In "Who's Who In The South And Southwest", Marquis Who's Who Publication Board

Saffy Collection - All Textual Materials

The Marquis Who’s Who Publication Board Certifies the Edna. L. Saffy is a subject of biographical record in Who’s Who in the South and Southwest Eighteenth Edition 1982/1983 inclusion in which is limited to those individuals who have demonstrated outstanding achievement in their own fields of endeavor and who have, thereby, contributed significantly to the betterment of contemporary society.

In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, Mckinley E. Melton, David S. Walsh, Jennifer Q. Mccary, Kristina G. Chamberlin

Next Page

This edition of Next Page is a departure from our usual question and answer format with a featured campus reader. Instead, we asked speakers who participated in the College’s recent Student Solidarity Rally (March 1, 2017) to recommend readings that might further our understanding of the topics on which they spoke.

The Tension Between Equal Protection And Religious Freedom, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The Constitution did not become our basic law at a single point in time. We ratified its first seven articles in 1788 but have since amended it 27 times. Many of these amendments memorialize fundamental shifts in values. Thus, it should come as no surprise to learn that the Constitution is not an internally consistent document."

…

"Other constitutional provisions -- even provisions that were simultaneously enacted -- protect freedoms that can come into conflict with one another. The First Amendment, for example, promises both freedom from governmental endorsement of religion and freedom from governmental interference with religious practice. …

The Unifying Power Of Education, Keagan Potts, Jenji Learn

Center for the Study of Ethics in Society Papers

• Without Expertise or Experience: Philosophizing When Your Students Know You Know Nothing
• Segregated Students — Segregated Society: The Primacy of Education in Ending Hate
• Combatting Emerging Resegregation: Teaching Those in Power to Empower

How Photographs Infringe, Terry S. Kogan

Utah Law Faculty Scholarship

Courts and commentators have lavished attention on the question of what makes a photograph original and entitled to copyright protection. Far less attention has been devoted to the issue of how photographs infringe. This is the first Article to systematically explore the different ways in which a photograph can steal intellectual property. Photographs can infringe in two ways: by replication and by imitation. A photograph infringes by replication when, without permission, a photographer points her camera directly at a copyright-protected work—a sculpture, a painting, another photograph—and clicks the shutter. A photograph can also infringe by imitation. In such cases, the …

Transgender Rights Without A Theory Of Gender?, Paisley Currah

Publications and Research

Why do courts and legislatures ban discrimination based on gender, and increasingly, gender identity, but exempt grooming and dress codes from the protections these laws offer? I argue that culpability for the courts’ and legislatures’ defense of hegemonic gender norms cannot be assigned to transgender rights movement, as some have done. These norms do not regulate only transgender people, they are not minoritizing—and neither should be the politics that seeks to transform them. The thought experiment of this review essay was to sever the analysis of particular political strategies from various assumptions about what gender really is. Agreement on the …

The Myth Of Strategic And Tactical Airlift, Jacob D. Maywald, Adam D. Reiman, Alan A. Johnson, Robert E. Overstreet

Faculty Publications

In the 21st century, our ability to quickly and decisively deliver combat forces and equipment is of the utmost importance in achieving our national security objectives. The swiftness and flexibility of the US Air Force’s mobility airlift fleet is the key to executing a rapid global mobility strategy. The operational effectiveness and efficiency of military air transportation relies on the expertise and intuition of Air Mobility Command’s (AMC) mobility planners. Working in coordination with the United States Transportation Command (USTRANSCOM) and geographic combatant commands (GCC), AMC is responsible for the tasking and tracking of almost 900 daily mobility sorties worldwide. …

Defining Biometrics: Toward A Transnational Ethic Of Personal Information, Nicola Morrow

International Studies Honors Projects

Innovations in biotechnology, computer science, and engineering throughout the late 20^th and early 21^st centuries dramatically expanded possible modes of data-based surveillance and personal identification. More specifically, new technologies facilitated enormous growth in the biometrics sector. The response to the explosion of biometric technologies was two-fold. While intelligence agencies, militaries, and multinational corporations embraced new opportunities to fortify and expand security measures, many individuals objected to what they perceived as serious threats to privacy and bodily autonomy. These reactions spurred both further technological innovation, and a simultaneous proliferation of hastily drafted policies, laws, and regulations governing the collection, …

Pretrial Detention And Bail, Megan Stevenson, Sandra G. Mayson

All Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who …

High-Stakes Interpretation, Ryan D. Doerfler

All Faculty Scholarship

Courts look at text differently in high-stakes cases. Statutory language that would otherwise be ‘unambiguous’ suddenly becomes ‘less than clear.’ This, in turn, frees up courts to sidestep constitutional conflicts, avoid dramatic policy changes, and, more generally, get around undesirable outcomes. The standard account of this behavior is that courts’ failure to recognize ‘clear’ or ‘unambiguous’ meanings in such cases is motivated or disingenuous, and, at best, justified on instrumentalist grounds.

This Article challenges that account. It argues instead that, as a purely epistemic matter, it is more difficult to ‘know’ what a text means—and, hence, more difficult to regard …

Newroom: Do Lord Remember Me: Black Church In Ri 02-21-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.