Law Commons^™

Law School News: East Meets West Law School Consortium Demystifies Admission Process 09-20-2023, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

The Right To Amend State Constitutions, Jessica Bulman-Pozen, Miriam Seifter

Faculty Scholarship

This Essay explores the people's right to amend state constitutions and threats to that right today. It explains how democratic proportionality review can help courts distinguish unconstitutional infringement of the right from legitimate regulation. More broadly, the Essay considers the distinctive state constitutional architecture that popular amendment illuminates.

Municipal Law—A Wedge In Climate Initiatives: How State Legislatures’ Preemption Of Local Government’S Role In Climate Change Policy And Arkansas’ Act 308 Of 2021 Are Misplaced., Travis Golliher

University of Arkansas at Little Rock Law Review

No abstract provided.

Law School News: Meet Rwu Law's Interim Director Of Diversity And Outreach 02/07/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Intelligent Agent From A Legal Perspective: A Technical Evolution Or A Reversal Of The Rules?, Firas Kasassbeh, Nabila Kurdi

UAEU Law Journal

The new technology has generated a very complicated computer program called "the Intelligent Agent". At this moment, this program can be deemed one of the most important achievements that information technology has reached. This is because it can work independently when fulfilling the desires of its user. Therefore, it is expected that it will play a great role in enhancing the freedom of trade and easing of the communication throughout the world.

A considerable debate has been going on since the emergence of this new technology, which may cause to change the original concept of the contract. The characteristics of …

Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Rwu Law Marine Programs Included In $1.2m Aquaculture Research Grant 10-07-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Making It Affordable 06-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal

Life of the Law School (1993- )

No abstract provided.

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

E G Whitlam: Reclaiming The Initiative In Australian History, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

How are we to understand the place of the Whitlam government in Australian history? My starting point is an observation that history is not only contingent but our understanding of it is nominalist. That is to say that it does not have a necessary, or natural, structure. We make, and re-make, narratives according to the way in which we arrange and re-arrange what we know about what has happened in the past. Human beings crave a satisfactory narrative to explain the past as a means of understanding the present but, in so doing, they usually have to make use of …

Trending @ Rwu Law: David Logan's Post: Law Students Square Off With Cops: B-Ball For A Worthy Cause! 7-7-16, David Logan

Law School Blogs

No abstract provided.

Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Beyond The Call Of Duty: Why Shouldn't Video Game Players Face The Same Dilemmas As Real Soldiers?, Ben Clarke, Christian Rouffaer, Francois Senechaud

Ben Clarke

Video games are influencing users’ perceptions about what soldiers are permitted to do during war. They may also be influencing the way combatants actually behave during today’s armed conflicts. While highly entertaining escapism for millions of players, some video games create the impression that prohibited acts, such as torture and extrajudicial killing are standard behaviour. The authors argue that further integration of international humanitarian law (IHL) can improve knowledge of the rules of war among millions of players, including aspiring recruits and deployed soldiers. This, in turn, offers the promise of greater respect for IHL on tomorrow’s battlefields.

University Extends Unprecedented Tuition Freeze And Guarantee, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Initiative And Referendum, Carter V. Celebrezze, Maryanne Rackoff

Akron Law Review

At the beginning of the twentieth century, the process of popular legislation through the use of initiative and referendum measures gained popularity in the United States. It was during this period that twelve states, including Ohio, adopted the measures of initiative and referendum. Theodore Roosevelt advocated the adoption of these measures at the Ohio Constitutional Convention of 1912 where the Ohio legislature enacted provisions for the use of these methods of popular legislation.

An Interdisciplinary Approach To The Strategic Defense Initiative Debate, Scott F. March

Akron Law Review

An interdisciplinary framework in which international law is but one element is presented in this article in the hope of lending organization to the complex subject of space weaponization. Seven factors are discussed which strongly influence decision-makers in both the United States and the Soviet Union who are charged with establishing and implementing the military space policies of their respective nations. They are (1) the relationship between the militarization of earth and the militarization of space; (2) the effects of weapon technology and national defense policy upon the use of space; (3) the interrelationship of the international law-making process with …

The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper

Loyola of Los Angeles Law Review

Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …

Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner

Loyola of Los Angeles Law Review

In Hollingsworth v. Perry, the Supreme Court dismissed an appeal filed by the “Official Proponents” of California’s Proposition 8, which banned same-sex marriage in California. Chief Justice Roberts’ majority opinion held that initiative sponsors lack Article III standing to defend their ballot measures even when state officials refuse to defend against constitutional challenges. As a result, Hollingsworth provides state officers with the ability to overrule laws that were intended to bypass the government establishment—in effect, an “executive veto” of popularly-enacted initiatives.

The Article examines this new “executive veto” in depth. It places Hollingsworth in context, discussing the initiative process …

Case Study: 27.4 Legal Instruments: Great Eastern Ranges Initiative, Malcolm D. Farrier

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Great Eastern Ranges (GER) Initiative aims to establish a conservation corridor inland of the east coast of Australia, stretching 3600 kilometres from north to south. The corridor is primarily defined by the Great Dividing Range and the Great Escarpment of eastern Australia (Mackey et al. 2010).

Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek

Touro Law Review

No abstract provided.

Liberty V. Elections: Minority Rights And The Failure Of Direct Democracy, David A. Schultz

David A Schultz

Majority rule and special interest politics can threaten individual rights. Madisonian democracy addresses this threat through constitutional mechanisms such as a bill of rights, checks and balances, and representation. The Progressive Era reforms of initiative, referendum, and recall were adopted as a means to further democracy and break entrenched politics captured by interest groups. Yet it is not clear if these experiments in direct democracy have protected rights, let alone confined special interest politics. Using the 2012 Minnesota constitutional amendments on marriage and voter ID as examples,, this paper argues that elections, constitutional politics, and the use of initiative and …

Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash

Pepperdine Law Review

No abstract provided.

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.

Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki

Pepperdine Law Review

No abstract provided.

A Republic, Not A Democracy? Initiative, Referendum, And The Constitution's Guarantee Clause, Robert G. Natelson

Robert G. Natelson

This article debunks the myth, first arising in the 1840s, that the Founders sharply distinguished between a "republic" and a "democracy." It explains that by a "republic," most of the Founders meant a government controlled by the citizenry, following the rule of law, and without a king. Accordingly, state provisions for initiative and referendum are fully consistent with the Constitution's requirement that each state have a republican form of government; in fact, most of the governments the Founders called "republics" had featured analogous forms of direct democracy.

Measure 26: Fear Mongering, Self-Execution & Potential Implications For Birth Control, Jonathan Will

Journal Articles

Depending on what we mean by “fertilization,” there could be impacts on many reproductive choices including birth control, fertility treatments like in vitro fertilization (IVF), and of course, women’s ability to choose to have an abortion. Certain proponents of Measure 26 suggest that even discussing these implications (other than perhaps abortion) amounts to fear mongering. While primarily focusing on birth control, the goal of this essay is to introduce readers to why the concerns regarding these reproductive choices are very real, and how these concerns are further complicated by the issue of whether, if passed, Measure 26 would be deemed …