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Lipstick On A Slaughtered Piggybank: Civil Rico Against “Pig Butchering” Cryptocurrency Investment Schemes, Samantha B. Larkin Jan 2025

Lipstick On A Slaughtered Piggybank: Civil Rico Against “Pig Butchering” Cryptocurrency Investment Schemes, Samantha B. Larkin

Roger Williams University Law Review

No abstract provided.


Safer Futures: Strategies For Enhancing Collaboration Between Law Enforcement And Child Welfare Agencies In Preventing Fatal Child Abuse, Kayla M. Brown Jan 2025

Safer Futures: Strategies For Enhancing Collaboration Between Law Enforcement And Child Welfare Agencies In Preventing Fatal Child Abuse, Kayla M. Brown

Roger Williams University Law Review

No abstract provided.


Survivors Behind Bars: The Criminalization Of Abuse, Assault, And Human Trafficking Victims And The Need For A Trauma-Informed Approach, Jamie Beck, Chelsea Estes Jan 2025

Survivors Behind Bars: The Criminalization Of Abuse, Assault, And Human Trafficking Victims And The Need For A Trauma-Informed Approach, Jamie Beck, Chelsea Estes

Roger Williams University Law Review

No abstract provided.


Vol. 30 No. 2 Spring 2025 Jan 2025

Vol. 30 No. 2 Spring 2025

Roger Williams University Law Review

No abstract provided.


Judges All The Way Down, David A. Logan Jan 2025

Judges All The Way Down, David A. Logan

Roger Williams University Law Review

No abstract provided.


State V. Mather, 317 A.3d 728 (R.I. 2024), Casey Rivera Jan 2025

State V. Mather, 317 A.3d 728 (R.I. 2024), Casey Rivera

Roger Williams University Law Review

No abstract provided.


State V. Mosley, 320 A.3d 942 (R.I. 2024), Alison Brochu Jan 2025

State V. Mosley, 320 A.3d 942 (R.I. 2024), Alison Brochu

Roger Williams University Law Review

No abstract provided.


Red Gate Motel, Inc. V. Albanese, 317 A.3d 1123 (R.I. 2024), Desiree James Jan 2025

Red Gate Motel, Inc. V. Albanese, 317 A.3d 1123 (R.I. 2024), Desiree James

Roger Williams University Law Review

No abstract provided.


Before Boone V. Lightner: The Lost History Of Pro-Veteran Canon, Eric Hughes Jan 2025

Before Boone V. Lightner: The Lost History Of Pro-Veteran Canon, Eric Hughes

MC Law Review

The pro-veteran canon, a long-standing principle of statutory construction, has deep historical roots dating back to ancient times, as reflected in religious, legal, and historical texts. This principle, which favors a liberal interpretation of laws to benefit veterans, has evolved as societies sought to recognize and compensate the sacrifices of military service members. From the biblical era’s division of spoils to the Magna Carta’s contractual liberties, and through early English statutes and the American Revolution, this canon has shaped legal frameworks and influenced governance. Notably, U.S. jurisprudence, including foundational decisions like Marbury v. Madison, upheld the pro-veteran canon as …


The History Of Policing And The Impact On Minority Communities: The Case Against Police Abolition, F. Lee Francis Jan 2025

The History Of Policing And The Impact On Minority Communities: The Case Against Police Abolition, F. Lee Francis

MC Law Review

This article critically examines the implications of former FBI Director James Comey’s assertions regarding the rise in violent crime and the phenomenon known as “The Ferguson Effect,” which posits that law enforcement officers are increasingly hesitant to engage in proactive policing due to fear of public backlash and viral scrutiny. Comey’s comments, made in a 2015 speech, sparked significant debate about the psychological impact of heightened scrutiny on police behavior and the potential consequences for public safety.

Through a multi-part analysis, the article first traces the historical development of policing in ancient civilizations and its evolution in the United States …


Different Spanks For Different Ranks: A Critical Appraisal Of Character Evidence In Courts-Martial, Frank Rosenblatt Jan 2025

Different Spanks For Different Ranks: A Critical Appraisal Of Character Evidence In Courts-Martial, Frank Rosenblatt

Journal Articles

This chapter explores character evidence in the U.S. military’s court-martial system. Courts-martial, unlike civilian criminal trials, permit defendants to present evidence of their own good character even when the character trait is not pertinent to the charged offenses. This derogation has been cheered by some as giving military defendants an extra tool to fight back in a system that may be stacked against them. But concerns about expansive use of character evidence soon became apparent: it tends to distort and confuse the issues in trial, and disproportionately benefits only high-status defendants. For all its good intentions, liberalized military character evidence …


A Comparative Law Analysis Of The Military Justice Systems Of Poland And The United States Of America, Frank Rosenblatt, Szymon Kulmaszewski Jan 2025

A Comparative Law Analysis Of The Military Justice Systems Of Poland And The United States Of America, Frank Rosenblatt, Szymon Kulmaszewski

Journal Articles

Most authors agree that "military justice" does not have a clearly defined normative definition. Nevertheless, the term is anchored in the area of institutionalized activities of a military organization (armed forces) and for this reason it functions in the language of both legal science and military science. The text presents a synthetic outline of the history of military justice in Poland and in the U.S. Underlying the assumptions of the military justice system, such as the need to exercise jurisdiction over military persons, and the need to handle military cases within the framework of separated, common features can be discerned. …


Technology Competency Road Map In Rhode Island: Reforming Professional Rules And Continuing Legal Education With Modern Educational Frameworks And Instructional Design Principles To Protect Clients, Myrta L. Ventura Jan 2025

Technology Competency Road Map In Rhode Island: Reforming Professional Rules And Continuing Legal Education With Modern Educational Frameworks And Instructional Design Principles To Protect Clients, Myrta L. Ventura

Roger Williams University Law Review

No abstract provided.


2024 Survey Of Rhode Island Law, Table Of Contents Jan 2025

2024 Survey Of Rhode Island Law, Table Of Contents

Roger Williams University Law Review

No abstract provided.


White Christian Nationalism & Antisemitism: A True Threat, Doron M. Kalir Jan 2025

White Christian Nationalism & Antisemitism: A True Threat, Doron M. Kalir

Law Faculty Articles and Essays

For a short period following World War II, it seemed like the World is aspiring to become a better place. Article I of The Universal Declaration of Human Rights reflected that notion, announcing that “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” That was the closest we, as a family of nations, ever came to fulfill the “dream of reason”—a state where we all work together, free from hate and prejudices, towards a common goal: A better world …


Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Milena Sterio, Yvonne Dutton Jan 2025

Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Milena Sterio, Yvonne Dutton

Law Faculty Articles and Essays

While the ICC’s jurisdictional and resource constraints undoubtedly pose significant obstacles to its ability to tackle all cases of gender persecution worldwide, the Court’s efforts serve as a catalyst for progress in the field of international criminal law. By shining a spotlight on the crime of gender persecution and prioritizing its investigation and prosecution, the ICC sets a precedent for national jurisdictions to follow suit. Furthermore, the ICC’s engagement with gender-based crimes underscores the unique intersectionality of gender discrimination and conflict, highlighting the broader societal ramifications of such crimes, and the imperative to address them comprehensively.

In moving forward, the …


The Deferential Asian American: Low Racial Status And The Invisibility Of Asian Americans In Leadership And The American Narrative, Reginald Oh Jan 2025

The Deferential Asian American: Low Racial Status And The Invisibility Of Asian Americans In Leadership And The American Narrative, Reginald Oh

Law Faculty Articles and Essays

This Article will proceed in five parts. First, an important caveat. When the Article refers to Asian Americans, it refers to all Asian American subgroups except for South Asian Americans, because South Asian Americans are not perceived to be deferential in the same way as other Asian American subgroups. Consequently, their experience with leadership is unique among Asian Americans, and much of the analysis in this Article does not apply to them.

With that caveat, Part I will discuss the invisibility of Asian Americans generally, but particularly in leadership positions. Part II will discuss the concept of social status bias …


Masthead Jan 2025

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Rethinking Social Rights From Latin America, Christian Gonzalez Chacon Jan 2025

Rethinking Social Rights From Latin America, Christian Gonzalez Chacon

Washington and Lee Journal of Civil Rights and Social Justice

International human rights courts and bodies have traditionally enforced social rights within constrained frameworks, such as “available resources” and “minimum provision,” often overlooking deeper structural inequalities and urgent global challenges. This paper advocates for a paradigm shift grounded in the capabilities framework, reconceptualizing rights to encompass sustainability, harmony, and human flourishing. Drawing on indigenous philosophies from Latin America, I propose strategies to strengthen enforcement mechanisms, including the establishment of specialized human rights courts, equitable taxation systems, and regenerative economic models. By aligning human rights with capabilities and ecological stewardship, this paper illustrates their potential to address poverty, inequality, and climate …


Ftc V. Amazon: A Turning Point For Antitrust Law?, Matthew Cole Conover Jan 2025

Ftc V. Amazon: A Turning Point For Antitrust Law?, Matthew Cole Conover

Washington and Lee Journal of Civil Rights and Social Justice

The United States is experiencing crippling economic inequalities that harken back to the Gilded Age. For the first time, legal scholars have turned to antitrust law to reverse this alarming trend. These scholars, including current Federal Trade Commission Chairwoman Lina Khan, are testing this ambitious theory in the E-commerce industry. E-commerce is a market largely dominated by one company: Amazon. With its dominance, Amazon lures small businesses into its third-party seller marketplace, where it controls those business’s prices and punishes those that resist. Lina Kahn’s FTC has formally launched its litigation campaign against Amazon, claiming that the company has violated …


Table Of Contents Jan 2025

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Jan 2025

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Free Speech And Anti-Democratic Violence, Andy J. Carr Jan 2025

Free Speech And Anti-Democratic Violence, Andy J. Carr

Washington and Lee Journal of Civil Rights and Social Justice

The resurgence of far-right extremist groups—like “sovereign” militias, white supremacists, and avowedly fascist gangs—has exposed the First Amendment’s vulnerabilities to the “leaderless resistance” model of extremist organizing. This model, first popularized by white supremacist Louis Beam, specifically aims to insulate extremist leaders from liability when their followers engage in violence. It does so through fragmented structures and coded messages: Leaders use indirect references in speaking to disparate followers, without specificity (of targets) or immediacy (of corresponding violence), as required, e.g., for “incitement” under Brandenburg v. Ohio.

This Article makes three contributions. First, it articulates this “gap” with precision, drawing …


Faking It: A Proposed Solution To Counter Nonconsensual Pornographic Deepfakes, Rena Song Jan 2025

Faking It: A Proposed Solution To Counter Nonconsensual Pornographic Deepfakes, Rena Song

Washington and Lee Journal of Civil Rights and Social Justice

2024 Louise A. Halper Award Winner for Best Student Note.

Deepfakes have become popular due to their user-friendly nature and accessibility, allowing anyone to create one by installing deepfake software programs on their phones or laptops. Deepfake software programs allow creators to create hyper-realistic multimedia featuring anyone whose image they can find. Some industries have drawn positive uses from deepfakes; however, deepfakes also create harms that can have detrimental effects on people’s mental health, employment, and reputation. Women and children, including those without a large online presence, have become the target for nonconsensual pornographic deepfakes. Congress has yet to pass …


Refereeing Nil Athlete Agents: Examining Equitable And Protective Measures For Ncaa Student-Athletes In A Post-Alston Environment, Katherine A. Berman Jan 2025

Refereeing Nil Athlete Agents: Examining Equitable And Protective Measures For Ncaa Student-Athletes In A Post-Alston Environment, Katherine A. Berman

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines the challenges posed by the lack of regulation surrounding athlete agents involved in Name, Image, and Likeness (NIL) deals across the United States and their impact on collegiate student-athletes. Despite efforts from the NCAA and higher education institutions for federal NIL legislation and guidance, many proposed solutions face significant obstacles, including conflicts with state laws and partisan divisions. This Note traces the commercialization of student-athletes through the history of the NCAA, reviews key NIL cases, and analyzes current state and federal legislation focused on athlete representation. This Note also explores the emergence of NIL service providers, including …


The Grass Is Not Always Greener: How The Legalization Of Recreational Cannabis Across The United States Is At Odds With Incarceration And Continued Punishment, Marc Sendra Jan 2025

The Grass Is Not Always Greener: How The Legalization Of Recreational Cannabis Across The United States Is At Odds With Incarceration And Continued Punishment, Marc Sendra

Washington and Lee Journal of Civil Rights and Social Justice

Whether you call it Mary Jane, skunky funky, green, ganja, reefer, or just plain-old cannabis, this special green plant doused in purple and orange accents has become a popular topic of discussion within the legal community and American culture. Cannabis has been held in “high” regard for its scientific advances in the medical industry, alongside its recreational usage, enjoyed by laughs and giggles, munchies, and plenty of water, leading to a wave of medical and recreational legalization.

Incentives for legalization come at the onset of promising medical research, economic growth motives, and social justice, reflecting upon a comprehensive approach that …


Jerking The Rug Out From Under A Trade Secret Licensee: Is Transfer Of The Patent A Remedy?, Henry H. Perritt Jr. Jan 2025

Jerking The Rug Out From Under A Trade Secret Licensee: Is Transfer Of The Patent A Remedy?, Henry H. Perritt Jr.

Michigan Technology Law Review

Predominantly state trade secret law and exclusively federal patent law enjoy a sometimes-uneasy coexistence. Inventions almost always are secret until and unless they are patented; publicizing them for too long will negate the availability of a patent. Misappropriation of trade secrets often is accompanied by application for a patent on the same subject matter. This commonly occurs when an employee gains access to his employer’s trade secrets, quits, and then applies for a patent on them in his own name, maybe after going to work for a competitor of the original employer. It is also conceivable that the owner of …


Missing & Murdered Indigenous People, Victoria Giordano Jan 2025

Missing & Murdered Indigenous People, Victoria Giordano

Student Works

No abstract provided.


A Holistic Overview Of The Data Act, Its Implications On The Economy And Interplay With The Gdpr, Mary A. Mikhail Jan 2025

A Holistic Overview Of The Data Act, Its Implications On The Economy And Interplay With The Gdpr, Mary A. Mikhail

Student Works

No abstract provided.


Water, Water, Everywhere, And Not A Drop Of Justice: International Water Crimes In The Anthropocene, Matthew J. D’Amato Jan 2025

Water, Water, Everywhere, And Not A Drop Of Justice: International Water Crimes In The Anthropocene, Matthew J. D’Amato

Student Works

No abstract provided.