Law Commons^™

We(Ed) The People Of Cannabis, In Order To Form A More Equitable Industry: A Theory For Imagining New Social Equity Approaches To Cannabis Regulation, Garrett I. Halydier

University of Massachusetts Law Review

States increasingly implement “social equity” programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to the industry’s fundamental confusion of the modern, individualized concept of “equity” with the historical, society-level concept of “social equity.” In this paper, I develop a new theory of “cannabis social equity” to integrate these concepts, and I apply that theory, first, to diagnose why current policies fall short and, second, to propose …

Law School News: The Power Of Yes: Stefanie Fischer L'24, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

The Absence Of A Parallel Path Of Appeal As A Condition For Accepting The Annulment Claim In Light Of The Judicial Diligence In The Jordanian Administrative Judiciary, احمد حسن ابو صباح, ميس خلدون صالح

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The absence of a parallel appeal process is one of the formal conditions for accepting the annulment lawsuit, as this condition is considered a judicial one of origin. The legislation differed in adopting this condition, hence the problem of this research, as the Jordanian legislator did not stipulate the absence of a parallel appeal path as a condition for accepting the annulment case in The Administrative Judiciary Law, and accordingly, what is the position of the Jordanian administrative judiciary on the theory of the lack of a parallel path of appeal, and the extent to which the approach of the …

25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Administrative Rule And Constitutional Governance, Kaleb Horne

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Presentation on the effects of administrative rule and its incompatibilities with Constitutional governance.

Changemakers Master Of Studies In Law: 'Such A Different Outlook...': Derek Tevyaw, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher

Master of Arts in Criminal Justice Leadership

The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …

23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Retroactivity In Administrative Decisions In U.A.E. (Theoretical & Applied Study) By Farouk El Arabi

UAEU Law Journal

The study deals with retroactivity in administrative decisions in U.A.E. It encompasses three parameters; first retroactivity in law, second retroactivity in administrative decisions, the third parameter concerns retroactivity according to legislature applied in U.A.E. The first parameter acts as an introduction to the next two which comprises the main issues in this study. The first parameter briefly discusses the principles of non-retroactivity of laws and whether legislature may overlook this principle. The second parameter categorizes administrative decisions. Into individual and organizational, the latter being subdivided into revealing and institutional laws. The effect of this subdivision on non-retroactivity is then discussed, …

The Role Of Administrative Law In Defining The Real Source Of Disputed Order, Dr.Ali Khattar Shatnawi

UAEU Law Journal

Job authority is considered an important and fundamental factor in issuing administrative orders. No employee or other administrative party has the right to take a decision (administrative order) unless legally authorized. The researcher has chosen this topic to focus on the importance of Job Authority in issuing administrative orders.

The research is split into three topics:

1. Definition of Job Authority

1. Sources of Job Authority
2. The necessity that the authorized party performs his authorities solely.

The researcher supported his study with a number of court decisions in an attempt to link each subject with whatever is happening in real life …

Objective Conditions For Stay Of Execution Of Administrative Decisions In The French State Council's Decisions And Jordanian High Court Of Justice: A Comparative Study, Musa Shehada

UAEU Law Journal

The purpose of this research is to analyze the required objective conditions to accept the application to stay the execution of administrative decisions objected for cancellation in the judgement of the French State Council and Jordanian High court of justice. This study concludes that the stay of execution can't exist except in face of final administrative decisions and there should be an interest for the objector and irreparable damage in case of execution of the decision and the application for stay of execution should stand on serious reasons.

In conclusion the study invites the Jordanian Administrative Judge to specify the …

Meditations In The Administrative Disputes In The United Arab Emirates, Prof. Majed Ragheb Ei-Helw

UAEU Law Journal

The United Arab Emirates complies with the system of unified jurisdiction. But as a federal state, the judicial function is divided between the federal government and the Emirates. The constitution has defined the competence of the federal jurisdiction and left the rest to the Emirates ones. But all of the Emirates except Dubai and Ras Al Khaimah have joined the federal jurisdicaon.

The constitution confined the juridical supervision on the administration actions and specified the competence of the federal jurisdiction in the settlement of administrative disputes. The federal courts has put into effect federal legislations and general principles in order …

Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

The Continuous Administrative Order, Dr.Ali Khattar Shatnawi

UAEU Law Journal

This study covers, in two parts, the continuous order being considered as a normal order with the exception that it has a continuous legal effects. In part 1 the writer identifies it through the continuous crime in penal law. Part 2 covers applications of continuous orders by proriding some examples,

The Judicial System In The United Arab Emirates And The Necessity Of Specialized Administrative Judicial System, Mohammad Abdullah Hammoud

UAEU Law Journal

This research deals with the judicial system of theUnited Arab Emirates, and the judicial control of Administrative acts. As well as the legal basis of the judiciary competera's to deal with administrative disputes. This research also deals with the determinate of the various aspects of the administrative law falling with the scope of the jurisdiction of the judiciary in the U.A.E. and expose the most important judicial application in the field of the administrative decision, it's elements, defects, as well as the judicial decisions related to administrative contracts.

This research embraces also the recent development toward the establishment of administrative …

The Application Of The Legal Framework Of The Commercial Shop On Electronic Ones A Comparative Legal Study, Dr. Rasha Hattab, Maha Khasawneh

UAEU Law Journal

The Internet has recently witnessed widespread usage to the extent that it has become one of the most important commercial distribution channels, and has, therefore, turned to be a phenomenon that cannot be ignored. Statistics show a growing number of Internet users shopping online at both local and international levels. Web sites are classified into two categories: informational, which aim at the exchange of information of different nature (cultural, media, advertisement, legal, administrative, recreational and commercial), and commercial websites which aim at trading across the electronic network. This research is concerned with studying these commercial Internet sites which can be …

Exceptions Of The Principle Of Imperative Reasoning Of Individual Administrative Decisions In France

UAEU Law Journal

The imperative reasoning of administrative decisions is considered one of the most important landmarks of the policy of administrative clarity. It means that the administration has to be committed to give legal and substantial reasons upon issuing such decisions. Such procedure allows the senior officers to know the reasons of the decision while reviewing the decision addressed to them and influencing their legal positions. Such action achieves understanding and cooperation between the administration and its customers. It enhances the confidence bridges between the two parties and facilitates the administration's task to realize public welfare. This principle was adopted by the …

Administrative Sanctions Against Infringements Of The Audio-Visual Media Under The Administrative Oversight Of The French Judiciary, Musa Shehada

UAEU Law Journal

This research aims to study the administrative sanctions against violations of the audio-visual media, under the administrative oversight of the judiciary in France. The study focuses particularly on the concept of administrative sanctions, their nature and characteristics, the nature of audio-visual media, relevant administrative authorities within the scope of audio-visual media and the administrative sanctions within it and judicial oversight over such sanctions, especially after ending the state monopoly of the audio-visual media sector and the Declaration of freedom of telecommunications and the withdrawal of this jurisdiction from the political authority and granting it to independent institutions that combine the …

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Structural Deregulation, Jody Freeman, Sharon Jacobs

Publications

Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of government. This picture, we argue, understates agency vulnerability to an increasingly powerful presidency. One source of presidential control over agencies in particular has been overlooked: the systematic undermining of an agency’s ability to execute its statutory mandate. This strategy, which we call “structural deregulation,” is a dangerous and underappreciated aspect of what then-Professor, now-Justice Elena Kagan termed “presidential administration.”

Structural deregulation attacks the core capacities of the bureaucracy. The phenomenon encompasses such practices as leaving agencies …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney

Life of the Law School (1993- )

No abstract provided.

2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Real Insider Trading, Michael A. Perino

Faculty Publications

In popular rhetoric, insider trading cases are about leveling the playing field between elite market participants and ordinary investors. Academic critiques vary. Some depict an untethered insider trading doctrine that enforcers use to expand their power and enhance their discretion. Others see enforcers beset with agency cost problems who bring predominantly simple, easily resolved cases to create the veneer of vigorous enforcement. The debate has, to this point, been based mostly on anecdote and conjecture rather than empirical evidence. This Article addresses that gap by collecting extensive data on 465 individual defendants in civil, criminal, and administrative actions to assess …

Disguised Patent Policymaking, Saurabh Vishnubhakat

Faculty Scholarship

Patent Office power has grown immensely in this decade, and the agency is wielding its power in predictably troubling ways. Like other agencies, it injects politics into its decisions while relying on technocratic justifications. It also reads grants of authority expansively to aggrandize its power, especially to the detriment of judicial checks on agency action. However, this story of Patent Office ascendancy differs from that of other agencies in two important respects. One is that the U.S. patent system still remains primarily a means for allocating property rights, not a comprehensive regime of industrial regulation. Thus, the Patent Office cannot …

Renewed Efficiency In Administrative Patent Revocation, Saurabh Vishnubhakat

Faculty Scholarship

Administrative patent revocation in the U.S. is poised to enter a new period of efficiency, though ironically it will be an efficiency that the America Invents Act originally put in place. The Court’s recent approval of the constitutionality of Patent Trial and Appeal Board ("PTAB") proceedings was blunted by the Court’s accompanying rejection of partial institution. This Patent Office practice of accepting and denying validity review petitions piecemeal had been a key part of the agency’s procedural structure from the start. As a result, the Court’s decision in SAS Institute v. Iancu to require a binary choice — either fully …

The Mixed Case For A Ptab Off-Ramp, Saurabh Vishnubhakat

Faculty Scholarship

This Essay begins from the emerging agenda in the political branches for reforming various aspects of the USPTO Patent Trial and Appeal Board, and focuses on a particular reform: the creation of a PTAB off-ramp whereby a patent being challenged in an administrative revocation proceeding could be removed into a system primarily aimed at amending its claims and preserving its validity. To put the proposal into perspective, the Essay presents specific empirical trends, largely unexplored until now, that implicate patent reliance interests to which the PTAB has done injury. Ultimately, because the benefits and costs from a PTAB off-ramp are …

The Non-Doctrine Of Redundancy, Saurabh Vishnubhakat

Faculty Scholarship

This Article explores and evaluates a controversial practice that the Patent Office undertook beginning early in the post-AIA regime, the practice of denying otherwise meritorious requests for review because of what the Office termed "redundant" grounds. The controversy over redundancy-based rejections had several sources. One was that making such rejections required the Patent Office to decide petitions piecemeal—and, indeed, the agency claimed that power for itself—even though it was not clear that this power lay within the statute. Another source was that the Patent Office persistently declined to explain what, in the agency's view, did or did not constitute redundancy. …