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Full-Text Articles in Law

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


Brief Of Fred T. Korematsu Center For Law And Equality, American Civil Liberties Union Of Washington, Washington Association Of Criminal Defense Lawyers, And Washington Defender Association As Amici Curiae In Support Of Respondent, Robert S. Chang, Melissa Lee, Jessica Levin, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae Jul 2019

Brief Of Fred T. Korematsu Center For Law And Equality, American Civil Liberties Union Of Washington, Washington Association Of Criminal Defense Lawyers, And Washington Defender Association As Amici Curiae In Support Of Respondent, Robert S. Chang, Melissa Lee, Jessica Levin, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

State of Washington v. Cristian Delbosque


The Law And Accessible Texts: Reconciling Civil Rights And Copyrights, Brandon Butler, Prue Adler, Krista Cox Jul 2019

The Law And Accessible Texts: Reconciling Civil Rights And Copyrights, Brandon Butler, Prue Adler, Krista Cox

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

Institutions of higher education (IHEs—colleges, community colleges, and universities) have a mission to provide all students, including those with disabilities (a physical or mental impairment that substantially limits one or more major life activities), with opportunities for a rich, deep, and equitable learning experience, and to provide all researchers with access to a comprehensive and varied collection of information resources to support their work. Several disability rights laws create obligations for IHEs to ensure that students and researchers with disabilities have access to resources, including texts, at a level that is as close as reasonably possible to ...


Amicus Curiae Brief Of The Fred T. Korematsu Center For Law And Equality In Support Of Defendant-Appellant, Fred T. Korematsu Center For Law And Equality Jun 2019

Amicus Curiae Brief Of The Fred T. Korematsu Center For Law And Equality In Support Of Defendant-Appellant, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State of North Carolina v. Cedric Theodis Hobbs, Jr.


Amicus Curiae Brief Of The Fred T. Korematsu Center For Law And Equality In Support Of Defendant-Appellant, Fred T. Korematsu Center For Law And Equality Jun 2019

Amicus Curiae Brief Of The Fred T. Korematsu Center For Law And Equality In Support Of Defendant-Appellant, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State of North Carolina v. Cory Dion Bennett


Virginia Industrialization Group, Lewis F. Powell Jr. Jun 2019

Virginia Industrialization Group, Lewis F. Powell Jr.

Powell Correspondence

No abstract provided.


Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr. Jun 2019

Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr.

Powell Writings

No abstract provided.


Law School News: Roger Williams Celebrates Pride 06-17-2019, Michael M. Bowden Jun 2019

Law School News: Roger Williams Celebrates Pride 06-17-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Brief Of Brian Wolfman, Aderson B. Francois, And Eric Schnapper As Amici Curiae In Support Of Petitioner In Peterson V. Linear Controls Incorporated, No. 18-1401 (U.S. Supreme Court June 6, 2019), Brian Wolfman, Aderson B. François Jun 2019

Brief Of Brian Wolfman, Aderson B. Francois, And Eric Schnapper As Amici Curiae In Support Of Petitioner In Peterson V. Linear Controls Incorporated, No. 18-1401 (U.S. Supreme Court June 6, 2019), Brian Wolfman, Aderson B. François

U.S. Supreme Court Briefs

In Title VII disparate-treatment, employment-discrimination cases, the term “adverse employment action” originally developed as judicial shorthand for the statute’s text, which broadly prohibits any discriminatory conduct by an employer against an employee based on the employee's race, color, religion, sex, or national origin. See 42 U.S.C. 2000e-2(a)(1). But what started simply as shorthand has taken on a life of its own and now improperly limits the statute’s reach. The Fifth Circuit’s version of the adverse-employment-action rule stands out as especially improper: Only an “ultimate employment decision”—a refusal to hire, a firing ...


Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly Jun 2019

Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly

Papers from the Department of Homeland Security

In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement (ICE) custody, we conducted unannounced inspections of four detention facilities to evaluate their compliance with ICE detention standards.

Overall, our inspections of four detention facilities revealed violations of ICE’s 2011 Performance-Based National Detention Standards, which set requirements for facilities housing detainees. This report summarizes findings on our latest round of unannounced inspections at four detention facilities housing ICE detainees. Although the conditions varied among the facilities and not ...


Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten Jun 2019

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary ...


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law Jun 2019

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Legal Remedies To Address Stigma-Based Health Inequalities In The United States: Opportunities And Challenges, Valarie Blake, Mark L. Hatzenbuehler Jun 2019

Legal Remedies To Address Stigma-Based Health Inequalities In The United States: Opportunities And Challenges, Valarie Blake, Mark L. Hatzenbuehler

Faculty Scholarship

Stigma is an established driver of population-level health outcomes. Antidiscrimination laws can generate or alleviate stigma and, thus, are a critical component in the study of improving population health.


Currently, antidiscrimination laws are often underenforced and are sometimes conceptualized by courts and lawmakers in ways that are too narrow to fully reach all forms of stigma and all individuals who are stigmatized.


To remedy these limitations, we propose the creation of a new population-level surveillance system of antidiscrimination law and its enforcement, a central body to enforce antidiscrimination laws, as well as a collaborative research initiative to enhance the study ...


Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly May 2019

Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly

Papers from the Department of Homeland Security

During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to ...


The Amazing Dorothy Crockett: How An African-American Woman From Providence Became, In 1932, The 7th Woman Ever Admitted To The Rhode Island Bar 05-14-2019, Michael M. Bowden May 2019

The Amazing Dorothy Crockett: How An African-American Woman From Providence Became, In 1932, The 7th Woman Ever Admitted To The Rhode Island Bar 05-14-2019, Michael M. Bowden

RWU Law

No abstract provided.


Conditionality And Constitutional Change, Felix B. Chang May 2019

Conditionality And Constitutional Change, Felix B. Chang

Faculty Articles and Other Publications

The burgeoning field of Critical Romani Studies explores the persistent subjugation of Europe’s largest minority, the Roma. Within this field, it has become fashionable to draw parallels to the U.S. Civil Rights Movement. Yet the comparisons are often one-sided; lessons tend to flow from Civil Rights to Roma Rights more than the other way around. It is an all-too-common hagiography of Civil Rights, where our history becomes a blueprint for other movements for racial equality.

To correct this trend, this Essay reveals what American scholars can learn from Roma Rights. Specifically, this Essay argues that the European Union ...


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law May 2019

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


Qualified Immunity And Constitutional Structure, Katherine Mims Crocker May 2019

Qualified Immunity And Constitutional Structure, Katherine Mims Crocker

Faculty Publications

A range of scholars has subjected qualified immunity to a wave of criticism— and for good reasons. But the Supreme Court continues to apply the doctrine in ever more aggressive ways. By advancing two claims, this Article seeks to make some sense of this conflict and to suggest some thoughts toward a resolution.

First, while the Court has offered and scholars have rejected several rationales for the doctrine, layering in an account grounded in structural constitutional concerns provides a historically richer and analytically thicker understanding of the current qualified-immunity regime. For suits against federal officials, qualified immunity acts as a ...


'‘Male Chauvinism’ Is Under Attack From All Sides At Present': Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda Mcclain May 2019

'‘Male Chauvinism’ Is Under Attack From All Sides At Present': Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda Mcclain

Faculty Scholarship

Today, many take it for granted that discriminating against women in the marketplace is illegal and morally wrong. Roberts v. United States Jaycees (1984) remains a foundational case on government’s compelling interest in prohibiting sex (or gender) discrimination in public accommodations, even in the face of First Amendment claims of freedom of association and expression. Curiously, Jaycees seems comparatively neglected by legal scholars, if measured by the cases included in the various collections of “law stories” or “rewritten opinions” projects. Looking back at the Jaycees litigation reveals the parties wrestling over the reach of public accommodations law and the ...


Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller Iii Apr 2019

Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller Iii

U.S. Department of Justice Publications and Materials

EXECUTIVE SUMMARY TO VOLUME I

RUSSIAN SOCIAL MEDIA CAMPAIGN

The Internet Research Agency (IRA) carried out the earliest Russian interference operations identified by the investigation- a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA was based in St. Petersburg, Russia, and received funding from Russian oligarch Y evgeniy Prigozhin and companies he controlled. Pri ozhin is widel re orted to have ties to Russian President Vladimir Putin [redacted]

In mid-2014, the IRA sent employees to the United States on an intelligence-gathering mission with instructions [redacted]

The IRA later used social ...


Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden Apr 2019

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Brief Of Fred T. Korematsu Center For Law And Equality As Amicus Curiae In Support Of Petitioners, Fred T. Korematsu Center For Law And Equality, Jessica Levin, Robert S. Chang, Melissa Lee Apr 2019

Brief Of Fred T. Korematsu Center For Law And Equality As Amicus Curiae In Support Of Petitioners, Fred T. Korematsu Center For Law And Equality, Jessica Levin, Robert S. Chang, Melissa Lee

Fred T. Korematsu Center for Law and Equality

State of Washington v. Anthony A. Moretti, Hung Van Nguyen, and Frederick Orr


Breaking The Chain: America's Incarceration Prevention Of Young Urban Minorities, Analiese Vasciannie Apr 2019

Breaking The Chain: America's Incarceration Prevention Of Young Urban Minorities, Analiese Vasciannie

Papers, Posters, and Recordings

This research will address the detrimental system of America’s Criminal Justice System by viewing the behavior of marginalized youth in metropolitan areas. 75% of the young urban minorities imprisoned grew up in difficult circumstances where they lack equal opportunities, such as decent schooling/education, jobs, housing structures, and other socially-improving activities. Not only does the environment of the inner-city affect their life decisions, but there’s also a certain racial bias that is evident in the data as well. Some questions posed around this are “why is the U.S. prisons’ population composed of 1 in 3 black men ...


2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law Apr 2019

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Brief Of Fred T. Korematsu Center For Law And Equality, American Civil Liberties Union Of Washington, Washington Association Of Criminal Defense Lawyers, And Washington Defender Association As Amici Curiae In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae Apr 2019

Brief Of Fred T. Korematsu Center For Law And Equality, American Civil Liberties Union Of Washington, Washington Association Of Criminal Defense Lawyers, And Washington Defender Association As Amici Curiae In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

State of Washington v. Karl Pierce and Michael Bienhoff


Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden Apr 2019

Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law Apr 2019

The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Brief Of Norman Y. Mineta, The Sakamoto Sisters, The Council On American-Islamic Relations (National And New York, Inc.), And The Fred T. Korematsu Center For Law And Equality As Amici Curiae In Support Of Respondents, Robert Chang, Lorraine Bannai, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae Apr 2019

Brief Of Norman Y. Mineta, The Sakamoto Sisters, The Council On American-Islamic Relations (National And New York, Inc.), And The Fred T. Korematsu Center For Law And Equality As Amici Curiae In Support Of Respondents, Robert Chang, Lorraine Bannai, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

Department of Commerce, et al., v. State of New York, et al.


The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies Mar 2019

The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies

Law Faculty Scholarship

No abstract provided.


How Media Impact Race Relations: Positive And Negative Historical Examples And Applied Psychological Principles, Sophia Nocera Mar 2019

How Media Impact Race Relations: Positive And Negative Historical Examples And Applied Psychological Principles, Sophia Nocera

Honors Theses, University of Nebraska-Lincoln

This thesis sought to examine how media influenced interracial relations in the 1920s and 1930s. It starts by defining necessary terms like media, race, racism, and stereotypes. Afterwards, studies which demonstrate that media reflect society are analyzed as well as studies which determine the extent of media influence on society. Media are the most influential on people who agree with the content provided and those who have no specific opinion on the issue at hand.

Next, psychological studies which determine the circumstances in which racist ideology is accepted the most are analyzed. This analysis determined that in-group versus out-group sentiments ...