Law Commons^™

Hunting In Maine, Elizabeth Tibbetts

Honors College

Hunting remains a common practice for many people in the state of Maine. While the stories and traditions held by hunters differ from person to person and family to family. There are commonalities that aid in building the sense of community between hunters in the state of Maine. This hunting community is strengthened through the sharing of stories and the common traditions shared by many. These communities remain strong even as the Maine landscape and hunting legislation changes over time. Here a number of questions regarding hunting are explored through the lens of one family spanning multiple generations through oral …

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Theses

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …

Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan

Independent Study Project (ISP) Collection

This paper seeks to analyze the intersection between the EU’s increasingly securitized and externalized policies towards migration, and instances of the weaponization of migration on the EU’s external borders. Although scholars have analyzed cases in which states harness migrants as political weapons, depoliticized most depictions apply a moralistic lens that frames these cases as aberrant, decontextualized, and political events. This paper will complicate understandings of the weaponization of migration by analyzing how EU policies of externalization and securitization systematically shape the environment in which it becomes politically advantageous for leaders, such as Recep Tayyip Erdoğan and Alexander Lukashenko, to resort …

Poland And The Ukraine War: A Geopolitical Analysis, Thomas Pitney

Independent Study Project (ISP) Collection

Poland’s geopolitical role has enhanced since Russia’s invasion of Ukraine on February 24, 2022. As such, Poland’s ambitions have increasingly important implications for regional, European, and global security. The paper attempts to address this phenomenon by posing the following research question: how does Poland pursue its interests in the Ukraine War? Employing qualitative methods on data collected from three formal interviews, one virtual interview, one informal interview, four statements from Poland’s leaders, and a variety of secondary sources, the study aims to answer this question modeling Gyula Csurgai’s (2019) geopolitical analysis framework. The research question is addressed in two ways. …

An Analysis Of Factors In The Policymaking Process That Enabled Prison Sentence Decreases Through The 2022 Organic Law Of Comprehensive Guarantee Of Sexual Freedom/La Ley Del Solo Sí Es Sí In Spain, Cambron Wade

Independent Study Project (ISP) Collection

To follow through on their ratification of the Istanbul Convention and public outcry after La Manada case, the Spanish Government passed the Organic Law of Comprehensive Guarantee of Sexual Freedom, also known as the law of only yes is yes (or la ley del solo sí es sí) - which came into effect on October 7, 2022. This law changed the Criminal Code by removing the distinction between sexual assault and sexual abuse, which previously caused victims to endure the difficult process of proving that there was violence and intimidation. By moving all sexual acts without consent under the category …

Existir Y Sobrevivir: El Prejuicio Que Enfrentan Los Inmigrantes Venezolanos En La Quinta Región De Chile., Daisy Alcantar

Independent Study Project (ISP) Collection

This investigation looks at determining the institutional prejudice that Venezuelan immigrants face while being in Chile, specifically in Valparaíso and Viña del Mar. Immigration is not a new concept in Chile but in recent years the great influx of Latin American immigrants, including Venezuelan immigrants, has seen a great backlash from the Chilean government and society. This is largely due to the white and European values that have been integrated into Chilean society. Therefore, driven by colonialist and nationalist views, Venezuelan immigrants are deemed as the “other” and have become criminalized and stigmatized by Chilean society. Ultimately leading the Venezuelan …

Critical Discourse Analysis: Sexual Violence In Maine Department Of Public Safety (Dps) "Crime In Maine" Reports, Emma V. Grous

Honors College

Sexual violence is incredibly prevalent in the state of Maine. These crimes, which disproportionately affect at-risk communities – women, children, people of color, and impoverished persons – are not accurately represented in legal discourses within Maine. Changes to how victims and survivors of sexual violence are represented and discussed in law enforcement reports and other materials are necessary in order to promote social change and justice for the survivors in our communities.

Critical Discourse Analysis has been used broadly since its conception and has even previously been used in understanding political and social implications of discourse in the United States. …

U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.

29th Annual Roger Williams University School Of Law Barrister's Ball 2-11-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Warren Circuit Court - Warren County, Kentucky (Sc 3682), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 3682. Images of two seals of the Warren County (Kentucky) Circuit Court, one affixed to documents dated 1825 and 1839, and the other to a document dated 1860, together with a letter from the Court Administrator with historical background. Also includes a paper by an unknown author describing the Warren County Court of Quarter Sessions and a few early indictments.

Capograssi, Imperdonabile, Andrew J. Cecchinato

Fellow, Adjunct, Lecturer, and Research Scholar Works

When reviewing the history of early twentieth century thought, it is not uncommon to read reflections concerning the crisis of contemporary states. Less frequent – but not unheard of – is coming across meditations regarding the very end of the state. Among the latter, those of Giuseppe Capograssi (1889-1956) stand out like a lightning flash, for the eschatological meaning they flare upon the relationship between statehood and the law. «All true research on the state is a profound meditation on its ending», he writes concluding the introduction of his first book in 1918. Like a seal yet to be broken, …

2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

An Expedition To Public Lands, Matthew B. Olsen

CAFE Symposium 2023

A look into common ideas appearing in the US public land system. These ideas include "nature as commodity," "nature as unpeopled," and "nature as pristine." The specific areas looked into are Havasu National Wildlife Refuge, Prescott National Forest, Grand Canyon National Park, Gold Butte National Monument, and Death Valley National Park.

Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan

CAFE Symposium 2023

Within the United States there are many different agencies that have been tasked with the management of America's Public Lands. Due to America's unique inception, there are many different ideas and concepts that affect how we view these same land units today. This poster delves into four specific land units in Washington State (The Pacific Crest National Trail, the Lake Chelan National Recreation Area, The Okanogan-Wenatchee National Forest, and Mount Rainier National Park) to discuss each area's history and management issues, as well as discuss the effects of society's preconceived notions on each destination. Finally, the poster also discusses what …

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Table Of Belonging: Exploring Social Reversal At St. Paul's Episcopal Church, Natalie Magnusson

DMin Project Theses

This research project explores the problem of a predominantly white, affluent Episcopal congregation confessing racial justice as a shared value while struggling to embody that conviction. The project pursues the following research question: How might a congregation of the most historically powerful, prominent, and affluent church in the U.S. imagine its life in the Jackson, MI community in light of Luke 14 and encounters with people who experience racial injustice? In the theological chapter, the Tower of Babel narrative in Genesis 11 and the Pentecost narrative in Acts 2 serve as interpretive bookends for Luke 14. In the literature review, …

Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton

Faculty Journal Articles

This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …

Nonobvious Design, Mark Bartholomew

Journal Articles

To earn patent protection, a claimed product design must be “nonobvious.” Yet while nonobviousness has been described as “the heart” and “cornerstone” of the utility patent system, in the design patent context, the term has become next to useless. Instead of actually policing nonobviousness in design, modern courts grant patent rights to any work that is not an exact replica of another. The problem, judges maintain, is that comparing one visual design against another demands the use of aesthetic judgment and aesthetic judgment is an instinctual, subjective process incapable of legal definition. Recent neuroscientific studies of aesthetic judgment dispel some …

Supreme Court Interruptions And Interventions: The Changing Role Of The Chief Justice, Tonja Jacobi, Matthew Sag

Faculty Articles

Interruptions at Supreme Court oral argument have received much attention in recent years, particularly the disproportionate number of interruptions directed at the female Justices. The Supreme Court changed the structure of oral argument to try to address this problem. This Article assesses whether the frequency and gender disparity of interruptions of Justices improved in recent years, and whether the structural change in argument helped. It shows that interruptions decreased during the pandemic but then resurged to near-record highs, as has the gender disparity in Justice-to-Justice interruptions. However, although the rate of advocate interruptions of Justices also remains historically high, for …

Unpacking The Forgotten Truth: Reestablishing Affirmative Action With Hispanic-Serving Institutions And The Military Equal Opportunity Program For Hispanics, Isabelle Rosado

Modern Languages, Philosophy and Classics Theses

Affirmative Action combats discrimination amongst individuals on the basis of race, creed, color, sex, or national origin and falls under the 14th Amendment. Race has been a leading result of the reevaluation of Affirmative Action programs. Furthermore, the United States Military is an organization that also advocates for racial equality but is seldom discussed. Claims of reverse racism and privilege shield the primary purpose of Affirmative Action. Discredited opinions engulf young minds in the never-ending social conflict of racial equality. This problem continues to be unsolved which divides Americans. The increase of Hispanics/Latinxs in the U.S. forces the analysis of …

Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah

Book Chapters

In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.

This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …

Muslim Prisoner Litigation: An Unsung American Tradition (Introduction), Spearit

Book Chapters

For most Americans, “prison jihad” may sound frightening and conjure images of religious militants, bearded, turbaned, and under the spell of foreign radical networks…. While this may be the immediate impression, there is nothing like that happening in American prisons. However, there has been a different type of jihad taking place, one that is real and identifiable. This is not the sensational jihad of headline media; rather, this jihad is uneventful and quiet by comparison and has persisted since the 1960s with hardly any public notice.

Despite little attention and recognition, Muslims in prison occupy a unique spot in the …

Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr.

Law Faculty Publications

This article examines how the metaphors in judicial opinions reveal judicial theories of lawmaking and judicial philosophies, through a close reading of Justice Ginsburg’s majority opinion and Justice Gorsuch’s dissenting opinion in the Artis v. District of Columbia, 138 S. Ct. 594 (2018).

Artis was about what the phrase “shall be tolled” means in the federal supplemental jurisdiction statute, 28 U.S.C. §1367. Does a state-law claim’s statute of limitations pause or continue to run while the claim is in federal court? In holding that Congress used “stop the clock” tolling, an “off-the-shelf” legal device that pauses statute of limitations, …

Changemakers: Elevating Conversations Around Indigenous Peoples' Rights, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.

Faculty Articles

It will come as a surprise to some human rights lawyers to learn that Christianity was a deep and enduring source of human rights and liberties in the Western legal tradition. Our elementary textbooks have long taught us that the history of human rights began in the later seventeenth and eighteenth centuries. Human rights, many of us were taught, were products of the Western Enlightenment—creations of Grotius and Pufendorf, Locke and Rousseau, Montesquieu and Voltaire, Hume and Smith, Jefferson and Madison. Rights were the mighty new weapons forged by American and French revolutionaries who fought in the name of political …

Why School Choice Is Necessary For Religious Liberty And Freedom Of Belief, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The government school monopoly for funding K–12 education creates a coercive system that commandeers a captive audience of impressionable children for inculcation in secular ideas, beliefs, and values concerning matters of truth, moral character, culture, and the good life. The brutal bargain imposed on parents by this monopoly requires them to choose between the single largest benefit most families receive from state and local governments and educating their children in a curriculum that is consistent with the preferred educative speech of the parents. To choose the latter is to sacrifice hundreds of thousands of dollars of tax-funded support for K–12 …

Response To Professor Dinner, Martha Albertson Fineman

Faculty Articles

I want to thank the Texas A&M Law Review for including my work in this special Issue and express my appreciation to Professor Dinner for her thoughtful comments concerning the evolution of my scholarship. Professor Dinner raises the question of whether that earlier work is relevant to the Dobbs v. Jackson Women’s Health Organization opinion, specifically, and to broader issues of reproductive justice, more generally. For me, Dobbs illustrates—once again—how our American obsession with both individual rights and Supreme Court jurisprudence can distort our sense of the possibilities for achieving social (or reproductive) justice. I see my work as an …

Deities’ Rights?, Deepa Das Acevedo

Faculty Articles

A brief commotion arose during the hearings for one of twenty-first-century India’s most widely discussed legal disputes, when a dynamic young attorney suggested that deities, too, had constitutional rights. The suggestion was not absurd. Like a human being or a corporation, Hindu temple deities can participate in litigation, incur financial obligations, and own property. There was nothing to suggest, said the attorney, that the same deity who enjoyed many of the rights and obligations accorded to human persons could not also lay claim to some of their constitutional freedoms. The lone justice to consider this claim blandly and briefly observed …

Contract Law Should Be Faith Neutral: Reverse Entanglement Would Be Stranglement For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Faculty Articles

The first section of this Article will outline the ways in which communities—religious and other groups, including the LGBTQ+ community—have used and continue to use private law to achieve meaningful dispute resolution. By diminishing the role of civil courts to review arbitrations, parties may tailor their resolutions to prioritize community values that may be misaligned with secular society. Outside of historical religious usage, private law offers a field ripe for jurisprudential growth. Through alternative dispute resolution, affinity-based minority groups can pave an avenue towards justice which accurately reflects the unique values of their lived experiences.

The second section will provide …

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.