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Articles 1 - 30 of 72
Full-Text Articles in Law
Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law
Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
University of Miami International and Comparative Law Review
No abstract provided.
Creating Legal Doctrine, Edward L. Rubin, Malcolm Feeley
Creating Legal Doctrine, Edward L. Rubin, Malcolm Feeley
Malcolm Feeley
No abstract provided.
Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida
Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida
Law School Blogs
No abstract provided.
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes A Huge Success!, Brittani Mulholland
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes A Huge Success!, Brittani Mulholland
Law School Blogs
No abstract provided.
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
All Faculty Scholarship
ABSTRACT
The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …
2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law
2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Douglas C. Hay
Comments on the role of the first chief justice of Upper Canada, William Osgoode (1754-1824), on shaping the law during a period of "counter-revolutionary and anti-democratic repression throughout the British Empire." Concludes that laws were often presented as emergency legislation that nevertheless effectively became permanent, challenging civil liberties in times of political or social conflict
Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith
Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith
Law School Blogs
No abstract provided.
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Samuel J. Levine
Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Harold J. Krent
ABSTRACT
The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Fatma E Marouf
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet the Board of Immigration Appeals (BIA) has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examining of the elements of the crime with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offense are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious …
The Judicial Duty To Scrutinize Legislation, Randy E. Barnett
The Judicial Duty To Scrutinize Legislation, Randy E. Barnett
Valparaiso University Law Review
No abstract provided.
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman
Thomas S Glassman
Since the inception of the Dodd-Frank Act the Securities and Exchange Commission has come under fire for its increased use of administrative proceedings in adjudicating the agency’s enforcement actions. That criticism has come to several suits in federal court claiming constitutional challenges to the system generally and most recently, the Administrative Law Judges themselves. Until June of 2015, when Hill v. the SEC took place in federal court, the Government was unbeaten in when arguing against these constitutional challenges. Hill, however found that it was likely the SEC had hired their Administrative Law Judges unconstitutionally. The SEC Administrative Law Judges …
Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika
Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika
Touro Law Review
No abstract provided.
First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla
First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla
Rod Smolla
No abstract provided.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …
Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman
Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman
David Lieberman
No abstract provided.
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Thiago Luís Santos Sombra
This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.
Clash Of Old And New Fourth Circuit Ideologies: Boyer-Liberto V. Fontainebleau Corp. And The Moderation Of The Fourth Circuit, Brian S. Clarke
Clash Of Old And New Fourth Circuit Ideologies: Boyer-Liberto V. Fontainebleau Corp. And The Moderation Of The Fourth Circuit, Brian S. Clarke
South Carolina Law Review
No abstract provided.
Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, David A. Logan
Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, David A. Logan
Law School Blogs
No abstract provided.
Judicial Dismissal In The Interest Of Justice, Valena E. Beety
Judicial Dismissal In The Interest Of Justice, Valena E. Beety
Missouri Law Review
Of the 1.6 million Americans in prison, most inmates are serving sentences for non-violent offenses. Who is responsible? Hyper-incarceration is not simply due to outdated drug laws or stringent sentencing. Courts in the last thirty years have taken a lackadaisical back seat. Prosecutors are failing in their gate-keeping function nationally. Most simple arrests are prosecuted without even evaluating the substance of the case. Police stops can snowball into convictions through our plea system. In short, the criminal justice system provides no systemic accountability for its own results. This Article focuses on this lack of accountability and proposes a conceptual shift, …
Newsroom: Logan On Judicial Diversity, Roger Williams University School Of Law
Newsroom: Logan On Judicial Diversity, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Political Science Honors Projects
The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.
The Roberts Court And Penumbral Federalism, Edward Cantu
The Roberts Court And Penumbral Federalism, Edward Cantu
Catholic University Law Review
For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts—which derive from a “penumbral” reading of the Tenth Amendment—represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.
After fleshing out what “penumbral federalism” is and its …
O'Connor's Firsts, Phyllis L. Crocker
O'Connor's Firsts, Phyllis L. Crocker
Akron Law Review
Chief Justice Maureen O’Connor will make her mark on the Ohio court system and on the laws of Ohio in many ways. She made two significant marks her first day as Chief Justice: she was the first woman elected to the position of Chief Justice in Ohio and in her swearing-in speech she called for review of the death penalty in Ohio.1 Both were meaningful to me personally and as a citizen of Ohio. I appreciated her acknowledging her place in history and her willingness to tackle, right from the beginning of her tenure, the important topic of the death …
Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette Mcgee-Brown, Kimberly A. Jolson
Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette Mcgee-Brown, Kimberly A. Jolson
Akron Law Review
Part II of this Article examines the growth of the juvenile justice system as a system apart from the adult criminal system. It reviews the goals of the juvenile court system—to treat children differently than adults, to rehabilitate, and to protect both the child and society. Part II also discusses the gradual movement to harsher sentencing of young offenders and transferring those offenders to the adult criminal justice system, as well as the subsequent exhortation of the United States Supreme Court that youth in the juvenile justice system must be afforded the protection of constitutional rights. Part III.A explains the …
City Of Norwood V. Horney - Much More Than Eminent Domain: A Forceful Affirmation Of The Independent Authority Of The Ohio Constitution And The Court's Power To Enforce It, Kathleen M. Trafford
City Of Norwood V. Horney - Much More Than Eminent Domain: A Forceful Affirmation Of The Independent Authority Of The Ohio Constitution And The Court's Power To Enforce It, Kathleen M. Trafford
Akron Law Review
individual’s protection under Ohio’s eminent domain law but also refines the judiciary’s approach to Ohio constitutional analysis. Part I will set forth the pre-Norwood standard of review in Ohio eminent domain law, which took an increasingly expansive approach to determining what constitutes public use out of deference to the legislature. It will outline the standard of review for eminent domain cases at the federal level following the United States Supreme Court’s holding in Kelo, which upheld the taking of private property for purely economic reasons. Finally, Part I discusses the facts and holding of Norwood, which struck down the taking …
Flexible Predictability: Stare Decisis In Ohio, Richard Garner
Flexible Predictability: Stare Decisis In Ohio, Richard Garner
Akron Law Review
This Article explores the need for a doctrine permitting, but limiting, the overruling of prior precedent; Ohio’s adoption of such a rule; and whether the current standard will endure. To fully appreciate the need for a rule that permits but also limits the overruling of prior Supreme Court precedent, it is helpful to understand the historical context in which the Galatis rule developed. Section II of this Article discusses the political and ideological changes that swept the Ohio judiciary in the early 1990s with the election of two new Justices to the Ohio Supreme Court. The new Justices quickly set …