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Articles 1 - 30 of 35
Full-Text Articles in Criminal Law
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden
Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie
Seattle University Law Review
President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …
Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.
Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.
Seattle University Law Review
This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dickinson Law Review (2017-Present)
Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.
Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …
"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani
"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani
Faculty Scholarship
"Practicing criminal law as a woman is like playing tackle football in a dress.” Andrea George, Executive Director of the Federal Public Defender for Eastern Washington and Idaho, began her testimony to the American Bar Association’s Women in Criminal Justice Task Force with that powerful observation. In the wake of the #MeToo movement, the ABA has focused on ways to enhance gender equity in the profession and in the justice system. The Criminal Justice Section of the ABA has invested significant resources in the creation of the Women in Criminal Justice Task Force (WCJ TF), which launched its work in …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Greening The Desert, Pamela R. Metzger, Kristin Meeks, Jessica Pishko
Greening The Desert, Pamela R. Metzger, Kristin Meeks, Jessica Pishko
Deason Criminal Justice Reform Center
Greening the Desert brings a criminal justice lens to the phenomenon of legal deserts in small, tribal, and rural (STAR) communities—vast areas with few, if any, practicing attorneys. The report explores STAR criminal justice communities and describes strategies and initiatives to green these criminal law deserts. Using case studies, the report offers concrete examples of successful innovations. It also includes cautionary notes about risks that may arise with the implementation of strategies to recruit, train, and retain STAR practitioners.
Law Library Blog (August 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (August 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Flipping The Script On Brady, Ion Meyn
Flipping The Script On Brady, Ion Meyn
Indiana Law Journal
Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this
reason, is understood to burden the prosecutor. This Article asks whether Brady also
benefits the prosecutor, and if so, how and to what extent does it accomplish this?
This Article first considers Brady’s structural impact—how the case influenced
broader dynamics of litigation. Before Brady, legislative reform transformed civil
and criminal litigation by providing pretrial information to civil defendants but not
to criminal defendants. Did this disparate treatment comport with due process?
Brady arguably answered this question by brokering a compromise: in exchange for
imposing minor obligations on …
Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden
Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Olin W. Thompson, Iii: Doctor Of Laws, Honoris Causa 05-08-2020, Roger Williams University School Of Law
Law School News: Olin W. Thompson, Iii: Doctor Of Laws, Honoris Causa 05-08-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
Articles & Chapters
Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden
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
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.
Champions For Justice 2020, Roger Williams University School Of Law
Champions For Justice 2020, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
Theses and Dissertations--Political Science
This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
NYLS Law Review
No abstract provided.
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
NYLS Law Review
No abstract provided.
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
NYLS Law Review
No abstract provided.
Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?, Steve Kolbert
Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?, Steve Kolbert
Seattle University Law Review
This Article—part of the Seattle University Law Review’s symposium on the centennial of the ratification of the Woman Suffrage Amendment—examines that open possibility. Concluding that the Nineteenth Amendment does protect men’s voting rights, this Article explores why and how that protection empowers Congress to address felon disenfranchisement and military voting. This Article also examines the advantages of using Nineteenth Amendment enforcement legislation compared to legislation enacted under other constitutional provisions.
Part I discusses the unique barriers to voting faced by voters with criminal convictions (Section I.A) and voters in the armed forces (Section I.B). This Part also explains how existing …
"Inciting A Riot": Silent Sentinels, Group Protests, And Prisoners' Petition And Associational Rights, Nicole B. Godfrey
"Inciting A Riot": Silent Sentinels, Group Protests, And Prisoners' Petition And Associational Rights, Nicole B. Godfrey
Seattle University Law Review
This Article argues for increased legal protections for prisoners who choose to engage in group protest to shed light on the conditions of their incarceration. A companion piece to a similar article that focused on prisoner free speech rights, this Article uses the acts of protest utilized by the Silent Sentinels to examine why prisoners’ rights to petition and association should be strengthened. By strengthening these rights, the Article argues that we will advance the values enshrined by the First Amendment’s Petition Clause while simultaneously advancing the rights of the incarcerated millions with little to no political power.
The Article …
Marijuana Law Reform In 2020 And Beyond: Where We Are And Where We’Re Going, Sam Kamin
Marijuana Law Reform In 2020 And Beyond: Where We Are And Where We’Re Going, Sam Kamin
Seattle University Law Review
With another presidential election now looming on the horizon, both political parties and both sides of the marijuana law reform debate are once again preparing for the possibility of a seismic change in how marijuana is regulated in the United States. In this Article, I lay out the state of marijuana law and policy in the United States today with an eye toward that uncertain future. I describe the differential treatment of marijuana under state and federal law and the tensions this causes for those seeking to take advantage of marijuana law reform in the states. I analyze recent changes …
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Seattle University Law Review
After a century of employing varying levels of prohibition enforced by criminal law, the United States has entered an era where individual states are rethinking marijuana policy, and the majority of states have in some way decided to make cannabis legally available. This symposium Article will offer a description of what has happened in the past few years, as well as ideas for how jurisdictions can use the changing legal status of cannabis to reshape criminal procedure more broadly. This Article will recommend that law enforcement no longer be permitted use the smell of marijuana as a reason to search …