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Articles 1 - 30 of 40
Full-Text Articles in Law
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
RWU Law
No abstract provided.
The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.
The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.
Access*: Interdisciplinary Journal of Student Research and Scholarship
U.S prison reform policies such as the Prison Rape Elimination Act pacify the government and the public into believing that prisons are a less harmful place for vulnerable inmates. However, thousands of transgender inmates in the United States experience extraordinary rates of violence and discrimination for their gender identity. There are difficulties in determining exact statistics of gender-based incidents of assault due to dueling structures of legal power and questionable support from prison authorities. However, from available information, trans inmates report dehumanizing prison environments that severely impact their wellbeing. This literature draws upon the current status of incarcerated trans inmates’ …
The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law
The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Violence And Nondelegation, Jacob D. Charles, Darrell A. H. Miller
Violence And Nondelegation, Jacob D. Charles, Darrell A. H. Miller
Faculty Scholarship
Debates over delegation are experiencing a renaissance. These debates presuppose an initial distribution of constitutional authority between actors that cannot be redistributed, or that can be redistributed only according to some clear ex ante set of rules. Nondelegation in this sense often arises in debates about separation of powers and intergovernmental delegation, although scholars have begun applying the concept to delegations to private corporations and other private actors. The public delegation doctrine restricts one branch of government from transferring its constitutional authority to another branch, while the private delegation doctrine limits transfer of government power to private entities. In this …
America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay
America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay
Pace Intellectual Property, Sports & Entertainment Law Forum
Are violent video games harming America’s youth? Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent? If so, how should our society-- and government-- respond?
To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression? Are these guarantees without limit? If not, how far may the government go in …
Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden
Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai
Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai
William & Mary Bill of Rights Journal
No abstract provided.
Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine
Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine
University of Massachusetts Law Review
The United States is in a state of conflict over the ability to obtain firearms as well as their use in highly publicized mass shootings. On December 14, 2012, Adam Lanza obtained several firearms that were lawfully owned by his mother, but were improperly secured. Lanza killed his mother that morning and then drove a short distance to the Sandy Hook Elementary School in Newtown, Connecticut where he murdered twenty-six people, many of whom were small children. Lanza eventually turned a gun on himself before being confronted by responding officers. Though mass shootings are often headlines in this country, the …
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
Touro Law Review
No abstract provided.
Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden
Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Dean Yelnosky's Post: Spotlight On Faculty Teaching And Scholarship At Rwu Law, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: Spotlight On Faculty Teaching And Scholarship At Rwu Law, Michael Yelnosky
Law School Blogs
No abstract provided.
Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes
Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Hate Speech On Social Media, Amos N. Guiora, Elizabeth Park
Hate Speech On Social Media, Amos N. Guiora, Elizabeth Park
Utah Law Faculty Scholarship
This essay expounds on Raphael Cohen-Almagor’s recent book, Confronting the Internet’s Dark Side, Moral and Social Responsibility on the Free Highway, and advocates placing narrow limitations on hate speech posted to social media websites. The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to inciteful hate speech are appropriate in limited circumstances. This article uses various real-world examples to explore when limitations on Internet-based hate …
Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan
Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan
Law School Blogs
No abstract provided.
Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan
Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
Law School Blogs
No abstract provided.
Trending @ Rwu Law: Carl Bogus's Post: 'Should We Be Afraid? Absolutely. But Not Only Of Crazed Jihadists...', Carl Bogus
Law School Blogs
No abstract provided.
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
What About The Victims? Domestic Violence, Hearsay, And The Confrontation Clause In The Aftermath Of Davis V. Washington, Stacey Gauthier
What About The Victims? Domestic Violence, Hearsay, And The Confrontation Clause In The Aftermath Of Davis V. Washington, Stacey Gauthier
University of Massachusetts Law Review
This article analyzes the Sixth Amendment right to confrontation, admission of hearsay statements, and the effect of the Davis decision on the prosecution of domestic violence cases. Part II discusses the history of the Confrontation Clause. Part III discusses hearsay prior to Crawford. Parts IV, V, and VI discuss the landmark cases Crawford v. Washington, Commonwealth v. Gonsalves, and Davis v. Washington, respectively, with regard to whether statements made to police are admissible when the declarant is not available to testify at trial. The reasons why the Supreme Court’s extension of the Confrontation Clause is unwarranted are contained …
Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon
Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon
Rachel Simon
This article addresses the gender bias presented by the disparate treatment of sex and violence under current obscenity jurisprudence. Under the controlling standard set forth by the Supreme Court in Miller v. California, sexual works may readily be regulated as obscenity, while violent works unequivocally may not. This article posits that this disparate treatment is the product of entrenched stereotypes about the way men and women “should” react to sex and violence, and notes the hypocrisy of failing to apply the same reasoning to assessments of violent versus sexual material.
First, reliance on “community standards” to define what material …
Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher
Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher
Journal of Business & Technology Law
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield
“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield
Alan E Garfield
One might have expected that the Supreme Court’s recent decision in the violent video game case, Brown v. Entertainment Merchants Ass’n, would have been a thoughtful balancing of society’s competing interests in protecting freedom of speech and protecting children from harm. After all, the Supreme Court had held decades earlier that the government could deny minors access to soft-porn, or what the Court called “girlie magazines.” So one could have assumed the Court would seriously consider California’s claim that minors also needed sheltering from the grittier world of violent video game rapes, beheadings, and ethnic cleansings. Yet, as Justice Scalia’s …
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Eileen Kaufman
No abstract provided.
Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.
Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.
CMC Senior Theses
The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written (Rossum et …
Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield
Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
David B Kopel
Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.
Legislative Updates, Eriade Hunter