Law Commons^™

Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

19th Annual Diversity Symposium Dinner 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

College Athletes As Defendants In Rape Trials: The Impact On Legal Decision-Making, Sophia Salyers

Lewis Honors College Thesis Collection

The issue of rape continues to be of concern in the United States. Rape is defined as any unwanted or forcible penetration without consent (United States Department of Justice, 2017). More specifically, rape can include sexual violence tactics such as force, threats, manipulation, or coercion (National Sexual Violence Resource Center, 2022). The magnitude of the issue of rape has been demonstrated, with adult rape data showing that on average, 319,950 people over the age of 12 were raped or sexually assaulted in the United States annually in 2020 (Morgan, 2021). Furthermore, every sixty-eight seconds an American is raped (Morgan). Finally, …

Regulating Off-Campus Student Expression: Mahanoy Area School District V. B.L.: The Good News For College Student Journalists, Leslie Klein, Jonathan Peters

Scholarly Works

This essay argues that the 2021 U.S. Supreme Court case Mahanoy Area School District v. B.L. protects off-campus college student journalism (if not published in a school-sponsored outlet) from school censorship and punishment—thanks to the majority opinion's reliance on in loco parentis principles. In short, Mahanoy made clear that K-12 students generally have diminished First Amendment rights on campus because parents have delegated to teachers and staff some of their supervisory authority. That reasoning applies with less force when students speak off campus, and it applies with no force if the speaker is a legal adult, as nearly all college …

Law School News: 'More Than I Ever Could Have Asked For...', Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy

Masters Theses

In demanding occupations, the preference for formal education is presumptive when improving competency and workmanship. This study assesses the correlation between college education and traffic enforcement performance within a local police department in Aberdeen, North Carolina. In this study, performance strictly refers to issued traffic citations and traffic enforcement. The research consisted of a secondary analysis (public records) using qualitative data. Data were collected to determine which officers issued the most traffic citations from the highway patrol unit from January to June 2021. Second, qualitative data were collected via an interview with one of the department officers to obtain demographic …

Integrating Doctrine And Diversity Speaker Series: When Law School Classroom Discussions Of Diversity Issues Go Wrong, Roger Williams University School Of Law, City University Of New York School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

17th Annual Diversity Symposium 04-08-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Tax Benefits, Higher Education And Race: A Gift Tax Proposal For Direct Tuition Payments, Bridget J. Crawford, Wendy C. Gerzog

Elisabeth Haub School of Law Faculty Publications

This Article combines three topics--taxes, higher education, and race--to evaluate the tax system's role in exacerbating racial inequalities. Part II frames the discussion with a brief overview of the economics of higher education: how much it costs, how much debt the average student incurs to afford it, and how that debt burden varies by race. Part III describes the major income and wealth transfer tax benefits for higher education, including I.R.C. § 2503(e)'s exclusion of direct tuition payments from gift tax. Part IV demonstrates how this gift tax exclusion disproportionately benefits white families already more likely to avail themselves …

Do Parents Receive Reasonably Equivalent Value For Paying College Tuition For Their Children Making Such Payments Avoidable, Alexandria Stiteler

Bankruptcy Research Library

(Excerpt)

Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid a transfer by a debtor that was an actual or constructive fraud. An actual fraudulent transfer is a transfer made with actual intent to hinder, delay, or defraud creditors. In general, a constructive fraudulent transfer is a transfer or the incurrence of an obligation by a debtor that was made within two years before the date of filing the bankruptcy petition, for less than reasonably equivalent value, at a time when the debtor was insolvent and could not pay its debts …

Law School News: Rwu Law Dean Seeking To Build On Culture Of Service, Innovation 12/09/2020, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Grappling With Law On Campus Sexual Misconduct 11-08-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The New Data Of Student Debt, Christopher K. Odinet

Faculty Scholarship

Where you go to college and what you choose to study has always been important, but, with the help of data science, it may now determine whether you get a student loan. Silicon Valley is increasingly setting its sights on student lending. Financial technology (“fintech”) firms such as SoFi, CommonBond, and Upstart are ever-expanding their online lending activities to help students finance or refinance educational expenses. These online companies are using a wide array of alternative, education-based data points—ranging from applicants’ chosen majors, assessment scores, the college or university they attend, job history, and cohort default rates—to determine creditworthiness. Fintech …

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

School of Law Conferences, Lectures & Events

No abstract provided.

Anthrogogy: Towards Inclusive Law School Learning, Rebecca C. Flanagan

Faculty Publications

At the time it was introduced, andragogy did offer benefits over “chalk and talk;” where most law students passively took notes while one student at a time actively engaged with their professor in a Socratic dialogue. While andragogy has sustained several modifications and revisions over the last fifty years, it does not reflect the life stage or life experiences that blur the boundaries of childhood and adulthood for over half the current student body in most law schools. Andragogy, designed as a teaching methodology for traditional adults seeking continuing education or to gain credentials for upward mobility in their current …

Newsroom: Rwu Remembers Former President Natale A. Sicuro 1-8-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Future Of Lower-Income Students In Higher Education: Rethinking The Pell Program And Federal Tax Incentives, Camilla E. Watson

Scholarly Works

As the costs of higher education have soared, the value of Pell grants has declined, making it more difficult for lower-income students to obtain an education without being hopelessly mired in debt. This article traces the evolution of the Pell program and discusses the diametrically opposed proposals of Presidents Obama and Trump to reform federal funding for higher education. The article proposes an alternative plan that would require a redirection of a portion of the funds from the Pell program and a reshuffling of the current tax incentives for higher education. The advantages of this proposal are that it would …

It’S Not Complicated: Containing Criminal Law’S Influence On The Title Ix Process, Margaret B. Drew

Faculty Publications

Title IX processes that address campus sexual assault are undergoing dramatic changes in structure as well as in review. After receipt of the Department of Education’s 2011 “Dear Colleague” letter, colleges and universities were impelled to review how their institutions were implementing Title IX. From website information through decision making on alleged violations, the ways in which higher education addresses federally guided changes is a matter of national conversation. This essay addresses change in light of campus sexual assault allegations, and does not explicitly address other forms of Title IX complaints, such as athletic funding and opportunities. This essay will …

Due Process In Public University Discipline Cases, Marie T. Reilly

Journal Articles

No abstract provided.

The Criminalization Of Title Ix, Erin R. Collins

Law Faculty Publications

This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses …

Economic Inequality And College Admissions Policies, David Orentlicher

Scholarly Works

As economic inequality in the United States has reached unprecedented heights, reformers have focused considerable attention on changes in the law that would provide for greater equality in wealth among Americans. No doubt, much benefit would result from more equitable tax policies, fairer workplace regulation, and more generous spending policies.

But there may be even more to gain by revising college admissions policies. Admissions policies at the Ivy League and other elite American colleges do much to exacerbate the problem of economic inequality. Accordingly, reforming those policies may represent the most effective strategy for restoring a reasonable degree of economic …

Toward A Civilized System Of Justice: Reconceptualizing The Response To Sexual Violence In Higher Education, Hannah Brenner, Kathleen Darcy

Faculty Scholarship

The reporting, investigation, and prevention of sexual violence in settings that are closed off from the greater community and subject to their own laws, rules, norms and biases present special challenges for survivors of sexual violence. This essay builds on our existing scholarship that explores the pervasive problem and exceedingly high incidence of sexual violence perpetrated against women in closed institutional systems like prison, the military, and immigration detention centers. Survivors in these contexts are routinely denied access to justice internally and from the external criminal justice system; they also face major limitations (imposed by both federal law and Supreme …

Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager

Faculty Scholarship

Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …

A Tax Audible: Coaches And Buyouts, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.

The Mismatch Myth In U.S. Higher Education: A Synthesis Of The Empirical Evidence At The Law School And Undergraduate Levels, William C. Kidder, Richard O. Lempert

Book Chapters

Opponents of affirmative action in higher education commonly cite two principles to justify their opposition. One is that admissions to institutions of higher education should be based on "merit," which is often treated by critics of affirmative action as consisting of little more than test score results and high school or undergraduate grades. The second is the legal and moral imperative of not making consequential decisions based on race. We shall not address these principles except to note that others have shown that they do not make the case against affirmative action (Carbado & Harris 2008, Shultz & Zedeck 2011, …