Law Commons^™

Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Matthew Whitaker Appointment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway

Law School Blogs

No abstract provided.

“Taking The Threat To American Democracy Seriously: The Truth/Justice/Democracy Initiative,”, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.

Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Why Won't Free Speech Save Us?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Judicial Review Of Government Actions In China, Wei Cui, Jie Cheng, Dominika Wiesner

All Faculty Publications

China’s laws and policies on the judicial review of government actions are often used as a bellwether of the government’s attitude towards the rule of law. Accordingly, in gauging the direction of legal reform in the Xi Jinping era, recent media reports have highlighted changes in litigation against government agencies as evidence of positive movement towards the greater rule of law, albeit only contradicted by other evidence of political repression and increasing authoritarianism. We provide a selective review of changes in China’s administrative litigation system in the last few years, including the amendment in 2014 of the Administrative Litigation Law …

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.

Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan

Law School Blogs

No abstract provided.

Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.

A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Thurgood Marshall Memorial Lecture Series: "The Race Card And The Trump Card: New Challenges And Familiar Frustrations" February 5, 2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Venezuela Public Health Issue, Luke Vargas

Global Public Health

While every country around the world faces a form of public health issues, the issues that the country of Venezuela faces are different. Their public health problem is not a disease that can be solved by science, or a cure. It’s a problem that can only be solved by the people within the county itself. The country of Venezuela now lacks the proper medical supplies needed to help cure diseases and normal vaccinations, and the only ones to blame is their government. Because their government has now refused to pay their debts to the surrounding countries they have now lost …

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Constitution Comes To The County Unit: Georgia’S State Level Electoral College, David Crockett

Center for the Advancement of Public Integrity (Inactive)

As Prof. Akhil Amar outlines in his work, America’s Constitution: A Biography, the Philadelphia Plan and its outline of a stronger executive power inspired replication on the state level. States from Massachusetts to Georgia strengthened the power of their governors, with many granting them independent elections and a veto pen. Over time, most states replicated the Federal terms of office, and currently all but two states hold quadrennial gubernatorial elections balanced with biennial or other staggered legislative terms. Yet, even as many states replicated features of Article II, from the veto to the establishment of “supreme executive power,” nearly …

Transformative Change At Rikers Island And Beyond: The Department Of Investigation’S Campaign To Clean Up The Nyc Department Of Correction, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Since 2014, Commissioner Mark G. Peters has led the New York City Department of Investigation (DOI) in a wide-ranging campaign to root out fraud, waste, and abuse in the Department of Correction (DOC), focusing primarily on problems in the areas of DOC leadership and the city jails on Rikers Island. This heightened scrutiny came in response to revelations of widespread abuse in New York City’s jails–especially on Rikers Island. As a result of DOI’s efforts, over three dozen correction officers and other DOC staff have been arrested since 2014, and DOC top leadership has been replaced. As recently as February …

The Netanyahu Investigations, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Benjamin Netanyahu is the current and longest serving Israeli Prime Minister. He has held office for 12 years, most recently from 2009 to present, and previously between the years of 1996 and 1999. As chairman of the right-wing Likud Party, Prime Minister Netanyahu has led a conservative and defense focused coalition in Israel’s parliament. His career in public service has also included time spent as the Minister of Finance from 2003-2005, the Minister of Foreign Affairs from 2002-2003, and as Ambassador of Israel to the United Nations from 1984-1988.

United States V. Pawlowski: Prosecuting Corruption In A Post-Mcdonnell World, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Edwin “Ed” Pawlowski is the former mayor of Allentown, Pennsylvania. Pawlowski first became mayor in 2006, and he held the office until his resignation on March 9, 2018, when he was found guilty of 47 charges in total:

• one count of conspiracy,
• eleven counts of federal program bribery,
• two counts of attempted extortion,
• six counts of mail fraud,
• nine counts of wire fraud,
• two counts of honest services mail fraud,
• six counts of honest services wire fraud,
• seven counts of making false statements to federal officials,
• and three counts of Travel Act bribery.

The Aftermath Of The Senator Menendez Trial And Implications For Bribery Cases, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Robert “Bob” Menendez is a United States Senator from New Jersey. He was appointed to the Senate in 2006, and is the senior Democrat on the Senate Foreign Relations Committee, having been reinstated after his recent criminal trial. He is also a member of the Senate Banking, Housing, and Urban Affairs Committee and the Finance Committee. Between 1993 and 2006, Menendez represented New Jersey’s 13th district in the United States House of Representatives.

Profile In Public Integrity: Karl Racine, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Attorney General Karl A. Racine is the first elected Attorney General of the District of Columbia. With his inauguration at the beginning of 2015, the Office of the Attorney General (OAG) began an era of independence for the agency and accountability to District residents. As the chief legal officer for the District of Columbia, Attorney General Racine relies on his prior legal and leadership experience as a public defender and the first African-American managing partner of a top-100 US law firm, Venable LLP, to advise the Mayor and District agencies, defend the city in court and use the law to …

When I Left The Darwin Day Committee, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Qualified Immunity And Statutory Interpretation: A Response To William Baude, Hillel Y. Levin, Michael Wells

Scholarly Works

In his article, Is Qualified Immunity Unlawful?, Professor Baude argues that the doctrine of qualified immunity under section 1983 is unlawful because the doctrine did not exist at the time section 1983 was enacted. We disagree. Section 1983 is a common law statute. Consequently, its meaning and application was not fixed at the time of original passage. In this article, we explain why.

Although we are sympathetic to Professor Baude’s implicit policy-based critique of the doctrine of qualified immunity, we believe his analysis is flawed. The better and more likely way to improve the doctrine is through the common law …

The Transparency Tax, Andrew Keane Woods

Law Faculty Scholarly Articles

Transparency is critical to good governance, but it also imposes significant governance costs. Beyond a certain point, excess transparency acts as a kind of tax on the legal system. Others have noted the burdens of maximalist transparency policies on both budgets and regulatory efficiency, but they have largely ignored the deeper cost that transparency imposes it constrains one’s ability to support the law while telling a self-serving story about what that support means.

In order to understand this tax, this Article develops a taxonomy of transparency types. Typically, transparency means something like openness. But openness about what – the law’s …