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Full-Text Articles in Law

Newsroom: Logan On Judicial Diversity 12-09-2016, Kate Nagle, Roger Williams University School Of Law Dec 2016

Newsroom: Logan On Judicial Diversity 12-09-2016, Kate Nagle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Amicus Machine, Allison Orr Larsen, Neal Devins Dec 2016

The Amicus Machine, Allison Orr Larsen, Neal Devins

Faculty Publications

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message ...


Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson Nov 2016

Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson

Law School Blogs

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky Oct 2016

Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Trending @ Rwu Law: Professor Niki Kuckes's Post: Video Highlights Litigation Academy: September 20, 2016, Niki Kuckes Sep 2016

Trending @ Rwu Law: Professor Niki Kuckes's Post: Video Highlights Litigation Academy: September 20, 2016, Niki Kuckes

Law School Blogs

No abstract provided.


Brief Of The Roderick & Solange Macarthur Justice Center, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (8th Cir. August 19, 2016) (No. 16- 02730)., Janet Moore Aug 2016

Brief Of The Roderick & Solange Macarthur Justice Center, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (8th Cir. August 19, 2016) (No. 16- 02730)., Janet Moore

Faculty Articles and Other Publications

This case involves a district court’s patent disregard for a deeply mentally impaired defendant’s right to meaningful representation in capital federal habeas proceedings. By funding only 6% of defense counsel’s request for necessary expert and other resources, the District Court violated the constitution, ignored federal statutory mandates, flouted the Supreme Court’s remand order, blocked counsel’s ability to satisfy professional and ethical obligations, publicly disclosed contents of previously protected information about defense strategy, and set a very dangerous precedent for our justice system.


Trending @ Rwu Law: Dean Yelnosky's Post: Rwu Law Continues To Add Skills Programs And Faculty 08/12/2016, Michael Yelnosky Aug 2016

Trending @ Rwu Law: Dean Yelnosky's Post: Rwu Law Continues To Add Skills Programs And Faculty 08/12/2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Newsroom: From Hate To Hope 7/20/2016, Jill Rodriguez, Roger Williams University School Of Law Jul 2016

Newsroom: From Hate To Hope 7/20/2016, Jill Rodriguez, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel Jul 2016

Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel

Law School Blogs

No abstract provided.


Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law Jul 2016

Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law Jun 2016

Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Defending The Defenseless, 5-26-2016, Roger Williams University School Of Law May 2016

Newsroom: Defending The Defenseless, 5-26-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


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 Apr 2016

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 Apr 2016

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


An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham Apr 2016

An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham

Economics Faculty Publications and Presentations

This paper uses the city level roll-out of legal service grants to evaluate their effects on crime. Using Uniform Crime Reports from 1960 to 1985, the results show that there is a short run increase of 7 percent in crimes reported and also a 13 percent increase in crimes cleared by arrest. Results show an increase in the staffing of police officers in cities that received legal services. These cities are also associated with having higher median property values 10 years later. This supports the narrative that legal services changed police behavior through litigation or threats of litigation.


Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky Mar 2016

Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Class Action Myopia, Maureen Carroll Feb 2016

Class Action Myopia, Maureen Carroll

Articles

Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief This Article argues that the myopic focus on the aggregated-damages class action has led to undertheorization of the other class-action subtypes, which serve far different purposes and have far different effects, and has allowed the ongoing backlash against the aggregated-damages class action to affect the other subtypes in an undifferentiated manner. The failure to confine this backlash to its intended target ...


Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law Jan 2016

Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Future Of Work: Apps, Artificial Intelligence, Automation And Androids, David R. Barnhizer Jan 2016

The Future Of Work: Apps, Artificial Intelligence, Automation And Androids, David R. Barnhizer

Law Faculty Articles and Essays

The analysis offered here is not a Neo-Luddite rage against “the machine.” As with the oft-stated reproach about paranoia, there sometimes really are situations in which people are “out to get you.” In our current situation the threat is not from people but from the convergence of a set of technological innovations that are and will increasingly have an enormous impact on the nature of work, economic and social inequality and the existence of the middle classes that are so vital to the durability of Western democracy. The fact is that developed nations’ economies such as found in Western Europe ...


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law Jan 2016

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law

RWU Law

No abstract provided.


Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Kyle Chen, Harold S. Haller, Juliet P. Kostritsky, Wojbor A. Woyczynski Jan 2016

Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Kyle Chen, Harold S. Haller, Juliet P. Kostritsky, Wojbor A. Woyczynski

Faculty Publications

The legal community has long recognized that business corporations heavily favor Delaware as the state of incorporation. However, a recent study of merger agreements from 2002 by Eisenberg and Miller suggested that despite Delaware’s prominence as the place of incorporation, companies “flee” from Delaware with respect to both choice of law and forum, and instead prefer New York. We set out to study data from 343 merger and acquisitions contracted on between January 1, 2011 and June 30, 2011 in an attempt to verify this conjecture. Our study is important for two reasons. First, the 2011 data set show ...


Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt Jan 2016

Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt

Faculty Articles

In June of 2015, the United States Supreme Court determined by a 5–4 ruling in Obergefell v. Hodges that same-sex couples have a constitutionally guaranteed right to marry. While this represents a momentous victory for homosexuals, many people are still vehemently opposed to the idea. Homosexuality is especially frowned upon in certain religions, including some sects of Christianity. Is it possible that attorneys who decline on religious grounds to provide legal services to same-sex individuals seeking divorces will be ordered to provide that representation? Might those attorneys be sanctioned if they fail to do so? These are both novel ...


Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus Jan 2016

Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus

Articles

In Part I, I will describe the ways in which today's right-to-counsel challenges are similar to and different from those that faced the writers of the 1961 symposium. I will also explain in more detail why the structural conditions of criminal defense work to create (and, to some extent, always have created) a cultural problem in indigent defense delivery systems across the country. In Part II, I will discuss why I believe that we are, once again, facing a moment for potential reform, albeit reform that is different in scope and kind from that which was possible in the ...


Cases And Case-Lawyers, Richard A. Danner Jan 2016

Cases And Case-Lawyers, Richard A. Danner

Faculty Scholarship

In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount ...


#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster Jan 2016

#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster

Articles in Law Reviews & Other Academic Journals

Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In ...


Regulation Of Lawyers' Use Of Competitive Keyword Advertising, Eric Goldman Jan 2016

Regulation Of Lawyers' Use Of Competitive Keyword Advertising, Eric Goldman

Faculty Publications

Lawyers have enthusiastically embraced search engine advertisements triggered by consumers’ keywords, but the legal community remains sharply divided about the propriety of buying keyword ads triggered by the names of rival lawyers or law firms (“competitive keyword advertising”). This Essay surveys the regulation of competitive keyword advertising by lawyers and concludes that such practices are both beneficial for consumers and legitimate under existing U.S. law - except in North Carolina, which adopted an anachronistic and regressive ethics opinion that should be reconsidered.