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Full-Text Articles in Law
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
All Faculty Scholarship
The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.
A careful reading of the history of the framing …
January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz
January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Think About Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Indictment Of Longtime Harrisburg Mayor Stephen Reed, Center For The Advancement Of Public Integrity
The Indictment Of Longtime Harrisburg Mayor Stephen Reed, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Stephen Reed, the Democratic mayor of Harrisburg, Pennsylvania from 1982 to 2010, has been charged by state prosecutors with 499 counts ranging from bribery to theft by receiving stolen property.
Magna Carta's Rule Of Politics, John F. Preis
Magna Carta's Rule Of Politics, John F. Preis
Law Faculty Publications
Eight hundred years ago last week in a meadow west of London, King John of England did something peculiar for a king: He promised to obey "the law of the land." And thus was born, we have been taught, America's "rule of law" - the principle that political leaders must act within boundaries set out in law.
English kings at that time did not feel bound to obey the law (much less anything else), so John's promise is typically celebrated as a huge step forward in the history of good government. It is entirely proper to remember Magna Carta for …
An Addendum In Light Of Recent Developments, Bruce Ledewitz
An Addendum In Light Of Recent Developments, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication, Jeffrey Lubbers, Gerald K. Ray
A Government Success Story: How Data Analysis By The Social Security Appeals Council (With A Push From The Administrative Conference Of The United States) Is Transforming Social Security Disability Adjudication, Jeffrey Lubbers, Gerald K. Ray
Articles in Law Reviews & Other Academic Journals
This Article for the special issue on the Administrative Conference of the United States ("ACUS") focuses on how a collaboration between ACUS and the Social Security Administration ("SSA") has helped SSA use data analysis to bring about significant improvements in the quality and consistency of disability case review. SSA's efforts to closely analyze numerous data points in the disability adjudication process (encouraged by ACUS recommendations) have produced information that has led to breakthroughs in how training is provided and feedback is given to Administrative Law Judges and other key staff, which has in turn led to improved productivity and accuracy …
Rebuilding Bell, California: Review And Recommendations For Continued Improvement Of Accountability, Oversight, And Transparency, Jennifer Rodgers, Jacob Watkins
Rebuilding Bell, California: Review And Recommendations For Continued Improvement Of Accountability, Oversight, And Transparency, Jennifer Rodgers, Jacob Watkins
Center for the Advancement of Public Integrity (Inactive)
In 2010, Bell, California was a small city with a big corruption problem. Its city manager at that time, Robert Rizzo, had developed a plan to enrich himself at the city’s expense, and covered his tracks by involving numerous other city officials in his corrupt scheme, including the city councilmembers who were supposed to serve as a check on Rizzo’s power. Because virtually all of Bell’s top-level officials ended up implicated in the criminal conduct, the limited number of checks and balances built into Bell’s governing structure failed. And because Bell did not have any formal anti-corruption mechanisms in place …
Warrantless Access To Cell Site Location Information Takes A Hit In The Fourth Circuit: The Implications Of United States V. Graham For Law Enforcement, Wesley Cheng
Center for the Advancement of Public Integrity (Inactive)
On August 5, 2015 the Fourth Circuit created a major ripple in Fourth Amendment law by ruling that warrantless access to cell site location information (CSLI) over a lengthy period amounted to an unconstitutional search in United States v. Graham. While the Fourth Court ultimately upheld the defendants’ convictions by applying the Fourth Amendment’s “Good Faith” exception, the ruling created a clear split from the Fifth and Eleventh Circuits, making consideration of the issue by the Supreme Court much more likely.
This article focuses on the facts and the Fourth Amendment arguments of the majority, concurring and dissenting opinions …
For Now, New York State Investigators Can Ping Cellphones Without A Warrant In New York State, Wesley Cheng
For Now, New York State Investigators Can Ping Cellphones Without A Warrant In New York State, Wesley Cheng
Center for the Advancement of Public Integrity (Inactive)
This article examines the major factors shaping the Moorer and Wells decisions. It also analyzes the implications of decisions in other cases involving the use of Geolocation tracking devices, and looks ahead to other areas of litigation that may arise in the future with respect to GPS devices. Finally, it concludes that, assuming Moorer and Wells (or other trial court cases with similar findings) are not overturned on this issue in the higher courts, law enforcement agencies can be comfortable that pinging cellphones is a technique that can be utilized without a warrant in New York.
The Indictment Of Congressman Chaka Fattah, Center For The Advancement Of Public Integrity
The Indictment Of Congressman Chaka Fattah, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Congressman Chaka Fattah has represented Pennsylvania’s 2nd District, which includes parts of Philadelphia, for 20 years.
On July 29, a federal Grand Jury indicted Congressman Fattah on 29 counts, including conspiracy to commit racketeering (RICO), bribery, money laundering, and fraud. The charges included four co-conspirators as well, including Fattah’s chief of staff as well as a former Philadelphia deputy mayor.
The Conviction Of Former New York State Assembly Leader Sheldon Silver, Center For The Advancement Of Public Integrity
The Conviction Of Former New York State Assembly Leader Sheldon Silver, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Sheldon Silver is the former Democratic Speaker of the New York State Assembly, a post he held from 1994 until January 2015. He represented Manhattan’s Lower East Side from 1976 until November 30, 2015, when he was convicted on four counts of honest-services fraud, two counts of extortion and one count of money laundering.
The Trials Of John Sampson And Thomas Libous, Center For The Advancement Of Public Integrity
The Trials Of John Sampson And Thomas Libous, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
This July, two high-ranking New York State Senators faced trials for public corruption. Both were found guilty. Just the most recent in a long list of recent corruption scandals, the details of their cases provide a window into the culture of impunity in Albany.
New Jersey's "Bridgegate" Scandal, Center For The Advancement Of Public Integrity
New Jersey's "Bridgegate" Scandal, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
From September 9-13, 2013, officials of the Port Authority of New York and New Jersey shut down access lanes of the George Washington Bridge between New Jersey and New York City for a "traffic study" that gridlocked the small city of Fort Lee, New Jersey for hours each day. In the following weeks, evidence emerged of political motives behind the bridge closure, spurring federal prosecutors to announce an investigation in January 2014. On May 1, 2015, Paul Fishman, U.S. Attorney of New Jersey, charged that two defendants illegally closed the bridge to punish Fort Lee's mayor for refusing to endorse …
Chris Christie And Jerry Jones, Center For The Advancement Of Public Integrity
Chris Christie And Jerry Jones, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Christie is the Republican Governor of New Jersey. He previously served as the US Attorney for the District of New Jersey from 2002 to 2008. He is a likely contender in the 2016 presidential race.
Christie's penchant for accepting luxury perks, paid for by groups who arguably have significant interests in his decisions as Governor, was highlighted in a New York Times article on February 2, 2015. Questionable gifts include: travel on Sheldon Adelson's private plane, a 2012 trade mission partly funded by a group of businesses (Choose N.J.) barred from donating to the Governor directly by pay-to-play laws, and …
Profile In Public Integrity: Marjorie Landa, Center For The Advancement Of Public Integrity
Profile In Public Integrity: Marjorie Landa, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Marjorie Landa is the Deputy Comptroller for Audit at the Office of the New York City Comptroller. Previously, Landa served as Deputy Commissioner for Legal Affairs to the New York City Department of Investigation. There, she counseled the agency on legal issues including criminal and civil procedure, conflicts of interest, forfeiture and restitution, and the agency’s unique legal authority. Prior to that, Ms. Landa was Deputy Chief in the New York City Office of the Corporation Counsel, Affirmative Litigation Division. In that capacity she served as lead counsel in high-profile cases including fraud, civil RICO, False Claims Act, intergovernmental funding, …
The Sheldon Silver Case, Center For The Advancement Of Public Integrity
The Sheldon Silver Case, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Sheldon Silver was the Speaker of the New York State Assembly from 1994 until January 28, 2015. He represents Manhattan's Lower East Side as a Democrat, which he has since 1976.
The federal criminal complaint charges that Silver, since 2000 or earlier, "us[ed] the power and influence of his official position to obtain for himself millions of dollars of bribes.” In the complaint, the U.S. Attorney for the Southern District of New York (who has jurisdiction over Manhattan), outlines $4 million in illicit funds disguised as outside income. Allegedly, Silver took kickbacks from various parties for whom he secured state …
Profile In Public Integrity: Lawrence Yealue, Center For The Advancement Of Public Integrity
Profile In Public Integrity: Lawrence Yealue, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Lawrence Yealue is the West Africa Representative of Accountability Lab, an incubator for local-level integrity initiatives with an emphasis on generating sustainable development. Based in Monrovia, Liberia, Yealue’s career has centered on community-driven approaches to responsible reform. His previous work includes serving as Electoral Commissioner for the Liberian Student Association-Ghana, National Coordinator for the World Youth Spirit Council, Project Director for the Rotary Club of Wisconsin, and as a volunteer for Africa Peace’s HIV/AIDS Education & Peace Initiative. Yealue also founded and directs the Liberian Youth for Peace & Development community group. Yealue holds a B.A. in Human Resource Management …
Profile In Public Integrity: The Honorable Georgios Kaminis, Center For The Advancement Of Public Integrity
Profile In Public Integrity: The Honorable Georgios Kaminis, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Born in New York City, Georgios Kaminis holds a degree in law from the University of Athens School of Law, as well as a Diplome d’etudes approfondies and Doctorat d’Etat en Droit. He served as Assistant Greek Ombudsman, responsible for Human Rights, from 1998 to 2003. In May of 2003,
Kaminis became the Greek Ombudsman after being unanimously elected at a Presidents of Parliament roundtable meeting. Kaminis was elected Mayor of Athens on November 14, 2010. Under the Mayor’s guidance, Athens was awarded a Bloomberg Philanthropies Mayor’s Challenge Innovation Prize for its online citizen engagement platform, SynAthina.
He is a …
Profile In Public Integrity: Cyrus Vance, Jr., Center For The Advancement Of Public Integrity
Profile In Public Integrity: Cyrus Vance, Jr., Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Cyrus R. Vance, Jr., was first inaugurated as the District Attorney of New York County on January 1, 2010. Over the following four years, Mr. Vance enhanced the Manhattan District Attorney’s Office as a national leader in criminal justice by expanding the offices expertise on an array of 21st century crimes, including identity theft, cybercrime, white-collar fraud, hate crimes, terrorism, domestic violence, human trafficking, and violent and gang-related crimes.
Upon taking office, Mr. Vance modernized the Manhattan District Attorney’s Office by reorganizing its resources and creating new specialized bureaus and units, including the Cybercrime and Identity Theft Bureau, Major Economic …
Profile In Public Integrity: John Hyland, Jr., Center For The Advancement Of Public Integrity
Profile In Public Integrity: John Hyland, Jr., Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
John Hyland has been a Senior Legal Advisor with the Asset Forfeiture and Money Laundering Section (AFMLS) of the U.S. Department of Justice since 1992. His duties include reviewing money laundering prosecution memoranda and indictments, consulting with attorneys and special agents about asset forfeiture and money laundering cases investigations and indictments, representing the Criminal Division at agency undercover case reviews, helping analyze evidence of financial crimes, and lecturing on asset forfeiture and money laundering topics. Previously, Mr. Hyland worked in private practice in the Washington area for 12 years. He also served as an assistant U.S. attorney for the District …
Immigration Law By Proxy: The Case Of Colorado’S Human Smuggling Crime, César Cuauhtémoc García Hernández
Immigration Law By Proxy: The Case Of Colorado’S Human Smuggling Crime, César Cuauhtémoc García Hernández
Sturm College of Law: Faculty Scholarship
Despite the federal government’s well known expansive reach in creating and enforcing immigration law, the states retain substantial authority to play an important role in migrants’ lives. Through their traditional powers to adopt criminal statutes and police their communities, states can indirectly — but intentionally — inject themselves into the incidents of ordinary life as a migrant. Colorado’s human smuggling statute, currently being challenged before the state supreme court, illustrates this type of state regulation of migration. This essay addresses the statute’s reach, its shaky constitutional footing, and places it in a broader context in which states criminalize immigration-related activity.
The Judgment Fund: America's Deepest Pocket & Its Susceptibility To Executive Branch Misuse, Paul F. Figley
The Judgment Fund: America's Deepest Pocket & Its Susceptibility To Executive Branch Misuse, Paul F. Figley
Articles in Law Reviews & Other Academic Journals
Over the last thirty-five years, the United States government has paid out billions of dollars in settlements that have had no fiscal consequences for the agencies whose actions caused the claims. It has done so through the Judgment Fund, a relatively unknown permanent, indefinite appropriation originally created by Congress almost half a century ago to pay certain types of judgments entered against the United States.
Congress struggled for nearly two hundred years to find a way to exercise its Appropriations Clause authority over claims payments that did not drown its members in procedural detail. The article surveys that history. Through …
The Southern Tree Of Liberty Explained: Class Struggle, Popular Democracy And Representative Government In New South Wales Before, Terence Irving
The Southern Tree Of Liberty Explained: Class Struggle, Popular Democracy And Representative Government In New South Wales Before, Terence Irving
Faculty of Law, Humanities and the Arts - Papers (Archive)
In 2006 The Federation Press published my book, The Southern Tree of Liberty - The Democratic Movement in New South Wales before 1856. It received better reviews overseas than in Australia, where some reviewers persisted in assimilating it to the standard account of a British-influenced, elite-led, peaceful transition to responsible self-government in 1856. The "radicals" that the book concentrated on were seen as just part of that story, a tiny group of agitators whom no one took seriously - certainly not the established historians who wrote those reviews
Social Networks As Sites Of E-Participation In Local Government, Travis Holland
Social Networks As Sites Of E-Participation In Local Government, Travis Holland
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper proposes that electronic social network sites (SNS) make visible forms of participatory behaviour to which local governments must respond. Groups and individuals – publics – operating in diverse ways for diverse purposes, propagate and respond to communication by local governments via SNS and, in doing so, practice electronic e-participation. In addition to alternate channels of communication, SNS can facilitate alternate forms of participatory behaviour online, but there is little alignment between public perceptions of these emerging practices and local government behaviours in the same space. The publics seeking to engage with local governments on SNS, expect that their …