Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (20)
- Law and Psychology (18)
- Legal Profession (11)
- Legal Education (10)
- Consumer Protection Law (9)
-
- Health Law and Policy (9)
- Social and Behavioral Sciences (9)
- Banking and Finance Law (7)
- Law and Economics (7)
- Torts (7)
- Public Law and Legal Theory (6)
- Civil Rights and Discrimination (5)
- Contracts (5)
- Criminal Law (5)
- Insurance Law (5)
- Law and Race (5)
- Legal Ethics and Professional Responsibility (5)
- Legislation (5)
- Litigation (5)
- Arts and Humanities (4)
- Business Organizations Law (4)
- Courts (4)
- Labor and Employment Law (4)
- Law and Gender (4)
- Legal Writing and Research (4)
- Sexuality and the Law (4)
- Administrative Law (3)
- Commercial Law (3)
- Dispute Resolution and Arbitration (3)
- Institution
-
- University of Michigan Law School (54)
- Roger Williams University (10)
- Boston University School of Law (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
-
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Dordt University (1)
- Maurer School of Law: Indiana University (1)
- Pace University (1)
- Santa Clara Law (1)
- St. John's University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Maine School of Law (1)
- University of Massachusetts School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Washington Tacoma (1)
- Publication Year
- Publication
-
- Articles (43)
- Book Chapters (5)
- Other Publications (5)
- Faculty Publications (4)
- Law Library Newsletters/Blog (3)
-
- Law School Blogs (3)
- Life of the Law School (1993- ) (3)
- Scholarly Works (3)
- All Faculty Scholarship (2)
- Faculty Scholarship (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Celebrating the Centennial of the Antiquities Act (October 9) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Work Comprehensive List (1)
- Law Faculty Scholarly Articles (1)
- Reviews (1)
- School of Law Conferences, Lectures & Events (1)
- Social Work & Criminal Justice Publications (1)
- UF Law Faculty Publications (1)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (1)
Articles 1 - 30 of 86
Full-Text Articles in Law
Law Library Blog (April 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (April 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Law Library Blog (December 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (December 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
A Worker-Centered Trade Policy, Desiree Leclercq
A Worker-Centered Trade Policy, Desiree Leclercq
Scholarly Works
What is a “worker-centered” trade policy? The Biden administration claims that it means protecting all workers—foreign and American—from exploitative working conditions in trade sectors. The administration’s vigorous enforcement of international labor rights suggests a significant departure from previous U.S. trade priorities centered on domestic interests. For economic and humanitarian reasons, various policymakers and scholars celebrate these developments. They optimistically assume that the administration’s new trade policy will influence foreign governments and facilities to comply with international labor rights in trade if the costs of noncompliance outweigh the benefits. They also assume that the policy will influence compliance with strong labor …
Law Library Blog (November 2021): Legal Beagle's Blog Archive, Roger Williams University School Oflaw
Law Library Blog (November 2021): Legal Beagle's Blog Archive, Roger Williams University School Oflaw
Law Library Newsletters/Blog
No abstract provided.
Should I Stay Or Should I Go? The Gender Gap For Securities And Exchange Commission Attorneys, Stephen J. Choi Ii, Mitu Gulati, Adam C. Pritchard
Should I Stay Or Should I Go? The Gender Gap For Securities And Exchange Commission Attorneys, Stephen J. Choi Ii, Mitu Gulati, Adam C. Pritchard
Articles
Most research on the gender gap in the legal profession focuses on the private sector. We look at the gender gap in a setting where one might expect the gaps to be smaller: the Division of Enforcement of the Securities and Exchange Commission (SEC), which has a reputation for providing employees with good childcare and work flexibility. We find a substantial gender gap in assignments but only a modest one in pay. Men are also more likely to move laterally and more likely to move to lucrative private-sector jobs. What causes these gaps? The primary explanation for the gender gap …
Law School News: Law Graduates Urged To 'Help Bring Society Together' 05-17-2019, Michael M. Bowden
Law School News: Law Graduates Urged To 'Help Bring Society Together' 05-17-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Groundbreaking Judicial Scholar To Deliver Rwu Law Commencement Address April 10, 2019, Michael M. Bowden
Law School News: Groundbreaking Judicial Scholar To Deliver Rwu Law Commencement Address April 10, 2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Reckless Juveniles, Kimberly Thomas
Reckless Juveniles, Kimberly Thomas
Articles
Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts.1 Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so long. This Article examines recklessness and related doctrines in light of the shifts in understanding of adolescent behavior and its biological roots, to see what insights we might attain, or what challenges these understandings pose to this foundational mens rea doctrine. Over the past decade, the U.S. Supreme …
Neuroscience, Justice And The "Mental Causation" Fallacy, John A. Humbach
Neuroscience, Justice And The "Mental Causation" Fallacy, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Mental causation is a foundational assumption of modern criminal justice. The law takes it for granted that wrongdoers “deserve” punishment because their acts are caused by intentions, reasons and other mental states. A growing body of neuroscience evidence shows, however, that human behavior is produced by observable physiological activity in the brain and central nervous system--all in accordance with ordinary physical laws. Beyond these ordinary physiological interactions and processes, no hypothesis of mental causation is required to causally explain behavior.
Despite the evidence, neuroskeptics insist that intentions, reasons and other mental states can play a causal role in producing human …
Implicit Bias's Failure, Samuel Bagenstos
Implicit Bias's Failure, Samuel Bagenstos
Articles
The 2016 presidential election was a coming-out party of sorts for the concept of implicit bias-and not necessarily in a good way. In answering a question about race relations and the police during the vice-presidential debate, Mike Pence introduced the topic. Offering his explanation for why the Fraternal Order of Police had endorsed the Trump-Pence ticket, Pence said:
Behavioral Finance Symposium Summary Paper, Michael S. Barr, Annabel Jouard, Andrew Norwich, Josh Wright, Katy Davis
Behavioral Finance Symposium Summary Paper, Michael S. Barr, Annabel Jouard, Andrew Norwich, Josh Wright, Katy Davis
Other Publications
On September 14-15, 2017, the University of Michigan’s Center on Finance, Law, and Policy and behavioral science research and design lab ideas42 brought together influential leaders from academia, government, nonprofits and the financial sector for a two-day symposium on behavioral finance. Behavioral finance is the study of how behavioral biases and tendencies affect financial decisions, and in turn how those impact financial markets.
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Law School Blogs
No abstract provided.
Prisoners With Disabilities, Margo Schlanger
Prisoners With Disabilities, Margo Schlanger
Book Chapters
A majority of American prisoners have at least one disability. So how jails and prisons deal with those prisoners’ needs is central to institutional safety and humaneness, and to reentry success or failure. In this chapter, I explain what current law requires of prison and jail officials, focusing on statutory and constitutional law mandating non-discrimination, accommodation, integration, and treatment. Jails and prisons have been very slow to learn the most general lesson of these strictures, which is that officials must individualize their assessment of and response to prisoners with disabilities. In addition, I look past current law to additional policies …
The Dubious Empirical And Legal Foundations Of Wellness Programs, Adrianna Mcintyre, Nicholas Bagley, Austin Frakt, Aaron Carroll
The Dubious Empirical And Legal Foundations Of Wellness Programs, Adrianna Mcintyre, Nicholas Bagley, Austin Frakt, Aaron Carroll
Articles
The article offers information on the dubious empirical and legal foundations of workplace wellness programs in the U.S. Topics discussed include enactment of Affordable Care Act for expanding the scope of incentives availas; analysis of financial incentives offered to the employees for encouraging their participation in wellness programs; and targeting incentives specifically toward individuals diagnosed with chronic diseases.
Democracy, Law, Compliance, Don Herzog
Democracy, Law, Compliance, Don Herzog
Articles
Professors Schauer and McAdams both seek a more or less sweepingly general theory of why we obey the law. But we should split, not lump. There are different reasons different actors in different social settings obey different laws–not only, but not least, out of regard for democratic decision making.
Your Mission, Should You Choose To Accept It: Taking Law School Mission Statements Seriously, Irene Scharf, Vanessa Merton
Your Mission, Should You Choose To Accept It: Taking Law School Mission Statements Seriously, Irene Scharf, Vanessa Merton
Faculty Publications
A law school can best achieve excellence and have the most effective academic program when it possesses a clear mission, a plan to achieve that mission, and the capacity and willingness to measure its success or failure. Absent a defined mission and the identification of attendant student and institutional outcomes, a law school lacks focus and its curriculum becomes a collection of discrete activities without coherence.
Thurgood Marshall Memorial Lecture: A Keynote Address By Mahzarin Banaji: Blindspot: Hidden Biases Of Good People 04-14-2016, Roger Williams University School Of Law
Thurgood Marshall Memorial Lecture: A Keynote Address By Mahzarin Banaji: Blindspot: Hidden Biases Of Good People 04-14-2016, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Trending @ Rwu Law: Deborah Johnson's Post: Implicit Bias And The Law: 04/12/2016, Deborah Johnson
Trending @ Rwu Law: Deborah Johnson's Post: Implicit Bias And The Law: 04/12/2016, Deborah Johnson
Law School Blogs
Also available @ http://law.rwu.edu/blog/implicit-bias-and-law
Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky
Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky
Articles
There is little question that law schools ought to teach their students professionalism – indeed, they are required to do so to maintain accreditation. And there is little question that the required legal writing and research course is one of the places it ought to be taught. But teaching students to adopt the norms of professional behavior — both in law school and after graduation — is a challenge to law faculties, and particularly to the experiential learning faculty who frequently are on the front lines of teaching professionalism. While there are many ways to teach students what professional and …
Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan
Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan
All Faculty Scholarship
This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson
Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson
Law School Blogs
No abstract provided.
Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue
Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue
Articles
Insurance companies are financially responsible for a substantial portion of the losses associated with risky activities in the economy. The more insurers can lower the risks posed by their insureds, the more competitively they can price their policies, and the more customers they can attract. Thus, competition forces insurers to be private regulators of risk. To that end, insurers deploy a range of techniques to encourage their insureds to reduce the risks of their insured activities, from charging experience-rated premiums to discounting premium rates for insureds who make specific behavioral changes designed to reduce risk. Somewhat paradoxically, however, tort law …
Law And Human Nature, Donald Roth
Law And Human Nature, Donald Roth
Faculty Work Comprehensive List
"While the law may assume rationality, it's a fair question whether people are really all that rational."
Posting about the way that human nature is viewed by the law from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.
http://inallthings.org/the-law-and-human-nature/
企業の社会的責任と戦略的租税行動 [Corporate Social Responsibility And Strategic Tax Behavior], Reuven S. Avi-Yonah, Keisaku Koga Translator
企業の社会的責任と戦略的租税行動 [Corporate Social Responsibility And Strategic Tax Behavior], Reuven S. Avi-Yonah, Keisaku Koga Translator
Articles
This paper addresses two questions. First, from the perspective of the corporation, should the corporation cooperate and pay the corporate tax, or should it engage in "strategic" tax behavior designed to minimize or eliminate its corporate tax burden? Second, from the perspective of the state, should the state use the corporate tax just to raise revenue, or should it also try to use it as a regulatory tool to steer corporate behavior in directions that it deems beneficial to society? The paper argues that whatever our view of the nature of the corporation and of the legitimacy of corporate social …
The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green
The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green
Articles
Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions …
Masculine Law Firms, Ann C. Mcginley
Masculine Law Firms, Ann C. Mcginley
Scholarly Works
This article describes the masculine culture in law firms and analyzes how this culture harms both men and women because of their gender. Part II explains MMT, and analyzes the masculine practices that exist in modern law firms. Part III studies a lawsuit brought by a law firm associate, a white male father of two who allegedly was fired in retaliation for taking leave under the Family Medical Leave Act and because of his failure to adhere to the macho stereotypes prevalent in the law firm. Part IV analyzes how the law should respond to masculine norms, and suggests that …
Interpersonal Power In The Criminal System, Kimberly A. Thomas
Interpersonal Power In The Criminal System, Kimberly A. Thomas
Articles
This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …
Regulation By Liability Insurance: From Auto To Lawyers Professional Liability, Tom Baker, Rick Swedloff
Regulation By Liability Insurance: From Auto To Lawyers Professional Liability, Tom Baker, Rick Swedloff
All Faculty Scholarship
Liability insurers use a variety of tools to address adverse selection and moral hazard in insurance relationships. These tools can act on insureds in a manner that can be understood as regulation. We identify seven categories of such regulatory activities: risk-based pricing, underwriting, contract design, claims management, loss prevention services, research and education, and engagement with public regulators. We describe these activities in general terms and then draw upon prior literature to explore them in the context of five areas of liability and corresponding insurance: shareholder liability, auto liability, gun liability, medical professional liability, and lawyers’ professional liability. The goal …
Can Consumers Control Health-Care Costs?, Mark A. Hall, Carl E. Schneider
Can Consumers Control Health-Care Costs?, Mark A. Hall, Carl E. Schneider
Articles
The ultimate aim of health care policy is good care at good prices. Managed care failed to achieve this goal through influencing providers, so health policy has turned to the only market-based option left: treating patients like consumers. Health insurance and tax policy now pressure patients to spend their own money when they select health plans, providers, and treatments. Expecting patients to choose what they need at the price they want, consumerists believe that market competition will constrain costs while optimizing quality. This classic form of consumerism is today’s health policy watchword. This article evaluates consumerism and the regulatory mechanism …