Law Commons^™

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Supreme Verbosity: The Roberts Court's Expanding Legacy, Mary Margaret Penrose

Faculty Scholarship

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …

Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Ferpa Close-Up: When Video Captures Violence And Injury, Richard J. Peltz-Steele, Kitty L. Cone

Faculty Publications

Federal privacy law is all to often misconstrued or perverted to preclude the disclosure of video recordings that capture students victimized by violent crime or tortious injury. This misuse of federal law impedes transparency and accountability and, in many cases, even jeopardizes the health, safety, and lives of children. When properly construed, however, federal law is no bar to disclosure and, at least in public schools, works in tandem with freedom of information laws to ensure disclosure. This Article posits that without unequivocal guidance from federal administrative authorities, uncertainty regarding the disclosure of such recordings will continue to linger, jeopardizing …

Adversary Proceeding Not Required For Bankruptcy Courts To Determine Lien Status, Justin Korenblatt

Bankruptcy Research Library

(Excerpt)

In Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC, the Fourth Circuit denied Wells Fargo’s motion to set aside an order canceling its mortgage because the motion was not timely. In 2002, Wells Fargo extended a mortgage to the debtors on a property in Pendleton, North Carolina. Two years later, debtors refinanced the property with PNC Bank. Although PNC fully repaid Wells Fargo’s loan, Wells Fargo allowed the debtors’ line of credit to remain open, and permitted the debtors to take advances totaling over $300,000. Then, in 2012, debtors filed voluntary petitions for relief under chapter …

Law School Dedicates Appellate Courtroom To Judge Selya 10-15-2017, Edward Fitzpatrick, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law Library Blog (July 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Should The President’S Words Matter In Court?, Katherine A. Shaw

Faculty Online Publications

The most striking aspect of last Thursday’s opinion by the United States Court of Appeals for the Fourth Circuit, which rejected the Trump administration’s latest effort to revive its travel ban for individuals from six predominantly Muslim countries, was its reliance on Donald Trump’s own words as candidate, president-elect and president. The court leaned particularly heavily on his now-famous campaign statement that he was “calling for a total and complete shutdown of Muslims entering the United States.”

The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Faculty Scholarship

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …

Paper Wall: The Law As A Tool Of Social Division For Courtroom Officials, Aiden J. Egglin

Student Publications

The legal system is implicit with biases that shape how it runs on a larger scale, even if its individual members are hesitant about discussing racial, gender, etc. bias.

Trending @ Rwu Law: Katie Mulvaney's Post: A Reporter Learns The Law -- Alongside Law Students 02-16-2017, Katie Mulvaney

Law School Blogs

No abstract provided.

Rwu First Amendment Blog: Dean Michael Yelnosky's Blog: The First Amendment And Public Sector Union "Dues" 1-9-2017, Michael J. Yelnosky

Law School Blogs

No abstract provided.

Newsroom: Yelnosky On 'Persuader Rule' 01-03-2017, Pat Murphy, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Disparate Impact Canon, Michael T. Morley

Scholarly Publications

No abstract provided.

Newsroom: Law Is 'Just Coaching At Heart' 12-1-2016, Marvin Pave, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland

Law School Blogs

No abstract provided.

The Alabama Way: Independent Courts And Policymaking In Alabama, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Rather, it was the product of a conscious policy choice by early nineteenth century jurists to "overthrow" an equitable theory of contract, wherein a good was thought to have an objective value, which courts could determine, independent of the value placed on it by the parties to the contract. [...] historians like Horwitz have interpreted the "buyer beware" rule as a "procommercial [sic] attack"-a conscious judicial policy choice to favor sellers over buyers-upon communal values, which essentially separated law from morals and created a harsher, more speculative, more individualistic, and combative marketplace

Newsroom: Kuckes On Discovery Ruling 7-7-2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: The Guardian: Gutoff On Cook's 'Endeavour', 6-16-2016, The Guardian, Associated Press, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Rwu Law Celebrates Commencement 2016 5-13-16, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Perez To Deliver Commencement Address 04-15-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

S16rs Sgb No. 3 (Rules Of Court), Bascle

Student Senate Enrolled Legislation

No abstract provided.

Newsroom: Strong Finish For Admiralty Team In Sfo 03-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study, Irene Scharf

Faculty Publications

This article tells the story of the enactment of the bill containing Section 2013. It also provides context for Congress's widespread practice of inserting substantive provisions into appropriations bills, and argues that this practice is inappropriate and counterproductive. Enacted in haste, at the end of a lengthy and historically contentious legislative session plagued by threats of an unfunded government, Section 203 was slipped into a bill about a wholly different topic - "keeping the government open and functioning" - without input from key legislators or stakeholders. Hence, its difficulties were foreseeable.

Part II of this piece offers background about the …

Trending @ Rwu Law: 12/29/2015: Dean Yelnosky's Post: Fourteen Weeks, Michael Yelnosky

Law School Blogs

No abstract provided.

Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio

Law School Blogs

No abstract provided.

Children With Gender Dysphoria And The Jurisdiction Of The Family Court, Felicity Bell

Faculty of Law, Humanities and the Arts - Papers (Archive)

Gender dysphoria is described as ‘[m]ental distress caused by unhappiness with one’s own sex and the desire to be identified as the opposite sex’. Gender dysphoria is distinguished from being intersex, the subject of a recent Australian Senate Committee report, which is referable to physical characteristics. It is also distinguished from gender non-conformism, gender diversity or transsexualism as, in addition to identifying and living as one’s non-natal gender, it involves ‘clinically significant distress’. Unfortunately, children with gender dysphoria (and indeed many gender diverse young people) are almost by definition at a high risk of depression and anxiety, as well as …

Judicial Participation In Plea Bargaining: A Dispute Resolution Perspective, Rishi Batra

Faculty Articles

There is a common perception that judges do not or should not play a role in the criminal plea bargaining discussions between prosecutors and defense counsel. However, in many state jurisdictions, judicial participation is allowed or even encouraged by statute or by case law. This Article briefly summarizes some of the issues with the plea bargaining process, including how structural issues with the way defense counsel are appointed and compensated, along with the power of prosecutors, makes good representation for defendants less likely. By then performing a fifty-state survey of rules for judicial participation in plea bargaining, the Article explicates …