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- Life of the Law School (1993- ) (8)
- Faculty Articles and Other Publications (3)
- Law School Blogs (3)
- Scholarly Works (3)
- All Faculty Scholarship (2)
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- Articles (2)
- Law Faculty Scholarly Articles (2)
- Publications (2)
- School of Law Conferences, Lectures & Events (2)
- Economics Faculty Publications and Presentations (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Independent Honors Projects (1)
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- Scholarly Articles (1)
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Articles 1 - 30 of 36
Full-Text Articles in Law
Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden
Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
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.
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.
Law School News: Ncdc Holds Trial Practice Institute At Rwu Law 06-28-2019, Michael M. Bowden
Law School News: Ncdc Holds Trial Practice Institute At Rwu Law 06-28-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden
Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, 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 January 2019, Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: National Criminal Defense College To Hold Trial Practice Institute At Rwu School Of Law 11/15/2018, Edward Fitzpatrick
Law School News: National Criminal Defense College To Hold Trial Practice Institute At Rwu School Of Law 11/15/2018, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Law School Blogs
No abstract provided.
Champions For Justice 2018, Roger Williams University School Of Law
Champions For Justice 2018, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
A Penal Colony For Bad Lawyers, Bennett L. Gershman
A Penal Colony For Bad Lawyers, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In this article I set out what I believe is an extreme and unconventional way to discipline egregiously bad lawyers. For starters, I think it might be useful to survey briefly the kinds of lawyering conduct currently subject to disciplinary sanctions. Regulation of the conduct of defense lawyers in the U.S. is hedged by various legal and professional rules that are enforced by courts and disciplinary bodies essentially to ensure a minimum level of competent and ethical representation. The Sixth Amendment right to counsel--the so-called “sacred” right--seeks to ensure at least a reasonable degree of lawyering skill. Also, professional codes …
Brief Of The National Association Of Criminal Defense Lawyers, Et Al As Amici Curiae Supporting Petitioner, Mcwilliams V. Dunn (U.S. March 6, 2017) (No. 16-5294)., Janet Moore
Faculty Articles and Other Publications
We submit this brief to make three important points. First, Ake itself clearly and unambiguously held as a matter of due process that indigent capital defendants must be provided with independent expert assistance upon a reasonable showing of need. The Court was unanimous on this point and swept aside aging precedent that had held provision of neutral assistance was adequate.
Second, Ake was hardly a revolutionary decision. As the Court noted, many states already provided expert assistance. In the first six years after Ake, numerous states explicitly held independent expert assistance must be provided upon an adequate showing of need. …
Brief Of The National Association For Public Defense, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (U.S. January 30, 2017) (No. 16-7730)., Janet Moore
Faculty Articles and Other Publications
This case involves federal courts doubling down on the effective denial of counsel to a severely mentally impaired capital habeas petitioner on the eve of his execution, thereby preventing the full and fair litigation of an issue that demands this Court’s attention: the role played by a petitioner’s mental impairment in determining whether equitable tolling applies to the statute of limitations for filing a habeas petition. This Court should grant the petition to address whether the denial of adequate funding in this case constituted a constructive denial of the right to counsel required by the capital representation statute, 18 U.S.C. …
Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky
Law School Blogs
No abstract provided.
Trending @ Rwu Law: Professor Niki Kuckes's Post: Video Highlights Litigation Academy: September 20, 2016, Niki Kuckes
Trending @ Rwu Law: Professor Niki Kuckes's Post: Video Highlights Litigation Academy: September 20, 2016, Niki Kuckes
Law School Blogs
No abstract provided.
Brief Of The Roderick & Solange Macarthur Justice Center, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (8th Cir. August 19, 2016) (No. 16- 02730)., Janet Moore
Faculty Articles and Other Publications
This case involves a district court’s patent disregard for a deeply mentally impaired defendant’s right to meaningful representation in capital federal habeas proceedings. By funding only 6% of defense counsel’s request for necessary expert and other resources, the District Court violated the constitution, ignored federal statutory mandates, flouted the Supreme Court’s remand order, blocked counsel’s ability to satisfy professional and ethical obligations, publicly disclosed contents of previously protected information about defense strategy, and set a very dangerous precedent for our justice system.
An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham
An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham
Economics Faculty Publications and Presentations
This paper uses the city level roll-out of legal service grants to evaluate their effects on crime. Using Uniform Crime Reports from 1960 to 1985, the results show that there is a short run increase of 7 percent in crimes reported and also a 13 percent increase in crimes cleared by arrest. Results show an increase in the staffing of police officers in cities that received legal services. These cities are also associated with having higher median property values 10 years later. This supports the narrative that legal services changed police behavior through litigation or threats of litigation.
Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law
Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer
Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer
Law Faculty Scholarly Articles
Discretionary decisions to prosecute cases in which a battered woman kills her partner were investigated using several research strategies and targeting a range of case elements. Law students presented with case elements reported they would consider legal elements over nonlegal (or ‘supplemental’) elements when making a decision to prosecute. In contrast, law students assessed through an open-ended format as to important case factors for deciding to prosecute spontaneously generated high proportions of supplemental case elements compared with legal factors. Vignette comparisons of 42 case elements on participants’ likelihood to prosecute identified salient factors including legal and supplemental variables. Themes from …
Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper
Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper
Sturm College of Law: Faculty Scholarship
Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk …
Professional Identity As Advocacy, Robert Rubinson
Professional Identity As Advocacy, Robert Rubinson
All Faculty Scholarship
The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of "professional identity as advocacy" describes how such professional sub-groups accuse opposing subgroups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …
My Internship At The Champaign State’S Attorney’S Office, Rebecca Davis
My Internship At The Champaign State’S Attorney’S Office, Rebecca Davis
Independent Honors Projects
A summary of my experiences during my service honors project as an intern in the Champaign County State's Attorney's Office.
Rectifying Wrongful Convictions: May A Lawyer Reveal Her Client's Confidences To Rectify The Wrongful Conviction Of Another? (A Roundtable Discussion Of The Aba's Standards For Criminal Litigation), James E. Moliterno
Scholarly Articles
None available.
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr
Articles
Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …
The Lessons Of People V. Moscat: Confronting Judicial Bias In Domestic Violence Cases Interpreting Crawford V. Washington, David Jaros
All Faculty Scholarship
Crawford v. Washington was a groundbreaking decision that radically redefined the scope of the Confrontation Clause. Nowhere has the impact of Crawford and the debate over its meaning been stronger than in the context of domestic violence prosecutions. The particular circumstances that surround domestic violence cases 911 calls that record cries for help and accusations, excited utterances made to responding police officers, and the persistent reluctance of complaining witnesses to cooperate with prosecutors -- combine to make the introduction of "out-of-comment statements" a critical component of many domestic violence prosecutions. Because domestic violence cases are subject to a unique set …
Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse
Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse
Scholarly Works
Lawyers should be more like social workers. That is the message of Law as Social Work, the provocative essay by Jane Aiken and Stephen Wizner (Aiken & Wizner) in the Washington University Journal of Law & Policy volume, which preceded the conference on Promoting Justice Through Interdisciplinary Teaching, Practice, and Scholarship, hosted by Washington University School of Law in March 2003. Almost as if in reply, Abbe Smith's contribution to the same pre-conference volume reasserts the importance of lawyers as zealous and partisan advocates, using the realities of the criminal defense context to argue for the value of the lawyer's …
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
Scholarly Works
This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.
Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith
Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Although defending defending may be an endless pursuit, I cannot help taking it on. I am, after all, a defender myself, and defending fellow defenders seems to go with the territory. Of course, attacks on criminal defenders do not come out of nowhere - difficult and complex questions often arise in criminal defense work. Unfortunately, the questions that are raised in the aftermath of a high profile case such as the Abner Louima case are usually the easy ones - questions that have more to do with the nature of the adversarial system than with the values or ethics of …