Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (9)
- Civil Procedure (6)
- Constitutional Law (5)
- Courts (5)
- Law and Society (5)
-
- Administrative Law (4)
- Civil Law (4)
- Criminal Law (4)
- Criminal Procedure (4)
- Health Law and Policy (4)
- Immigration Law (4)
- Legislation (4)
- Jurisprudence (3)
- Legal Profession (3)
- Civil Rights and Discrimination (2)
- Environmental Law (2)
- First Amendment (2)
- Judges (2)
- Litigation (2)
- Military, War, and Peace (2)
- Communications Law (1)
- Dispute Resolution and Arbitration (1)
- Education Law (1)
- Estates and Trusts (1)
- Evidence (1)
- Fourteenth Amendment (1)
- Human Rights Law (1)
- Insurance Law (1)
- Intellectual Property Law (1)
- Institution
-
- University of Michigan Law School (6)
- Roger Williams University (5)
- Fordham Law School (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Colorado Law School (3)
-
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- St. Mary's University (1)
- University of Baltimore Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Hampshire (1)
- University of Richmond (1)
- University of Tennessee, Knoxville (1)
- Publication Year
- Publication
-
- Michigan Law Review (6)
- School of Law Conferences, Lectures & Events (4)
- Fordham Law Review (3)
- Publications (3)
- Touro Law Review (3)
-
- University of Arkansas at Little Rock Law Review (2)
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- Doctoral Dissertations (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Works (1)
- Florida State University Law Review (1)
- Innis Christie Collection (1)
- Law Faculty Scholarship (1)
- Life of the Law School (1993- ) (1)
- Scholarly Works (1)
- St. Mary's Law Journal (1)
- University of Richmond Law Review (1)
- Publication Type
Articles 1 - 30 of 33
Full-Text Articles in Law
Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act, Attorney General, State Of Rhode Island, Roger Williams University School Of Law
Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act, Attorney General, State Of Rhode Island, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha
23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha
School of Law Conferences, Lectures & Events
No abstract provided.
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law
Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Lawful Permanent Residency: A Potential Solution For Temporary Protected Status Holders In The Eastern District Of New York, Cody M. Gecht
Lawful Permanent Residency: A Potential Solution For Temporary Protected Status Holders In The Eastern District Of New York, Cody M. Gecht
Touro Law Review
No abstract provided.
Denying Disaster: A Modest Proposal For Transitioning From Climate Change Denial Culture In The Southeastern United States, Blake Hudson, Evan Spencer
Denying Disaster: A Modest Proposal For Transitioning From Climate Change Denial Culture In The Southeastern United States, Blake Hudson, Evan Spencer
University of Arkansas at Little Rock Law Review
No abstract provided.
Resource Guide For Addiction And Mental Health Care Consumers: Answering Questions About Insurance Coverage And Parity For Addiction And Mental Health Care Services, Lucy C. Hodder, Michele D. Merritt, Margaret H. Schmidt, Jacqueline Botchman, Caitlyn Ebert, Marguerite Corvini, Kate Crary, Bridget Drake
Resource Guide For Addiction And Mental Health Care Consumers: Answering Questions About Insurance Coverage And Parity For Addiction And Mental Health Care Services, Lucy C. Hodder, Michele D. Merritt, Margaret H. Schmidt, Jacqueline Botchman, Caitlyn Ebert, Marguerite Corvini, Kate Crary, Bridget Drake
Law Faculty Scholarship
Navigating the maze of health insurance coverage can be difficult. For individuals with addiction or mental illness, the process of getting treatment approved and paid for by health insurance can be overwhelming. As a result, many people give up when their health insurance company denies coverage for needed services. This Guide can help people learn how to access health insurance and use their coverage to pay for treatment. This Guide also provides a basic explanation of consumers’ rights under the federal Mental Health Parity and Addiction Equity Act.
Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio
Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio
Touro Law Review
No abstract provided.
Judicial Influence On Academic Decision-Making: A Study Of Tenure Denial Litigation Cases In Which Higher Education Institutions Did Not Wholly Prevail, Julee Tate Flood
Judicial Influence On Academic Decision-Making: A Study Of Tenure Denial Litigation Cases In Which Higher Education Institutions Did Not Wholly Prevail, Julee Tate Flood
Doctoral Dissertations
This study examined judicial influence on academic decision-making by identifying factors in the tenure process that have induced courts to rule against higher education institutions in litigation stemming from tenure denials. Many interdisciplinary legal and educational studies have been conducted pertaining to tenure related litigation using qualitative, quantitative, and legal research methodologies. Empirical studies have been directed at varied issues, such as the peer review process; specific claims, such as discrimination; types of institutions; or time periods. Much of this scholarship has noted the importance of judicial deference to decisions made in academia. Unique to this study was the application …
An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia Hatamayar Moore
An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia Hatamayar Moore
University of Richmond Law Review
The effect of Ashcroft v. Iqbal on pleadingstandardsandbehavior is a source of significant legal debate. This article serves as a follow-up to Professor Moore's 2010 empirical study on Iqbal's effect on courts' rulings on motions to dismiss complaints for failure to state a claim under Rule12(b)(6) of the Federal Rules of Civil Procedure. Professor Moore's previous study found a statistically significant increase in the likelihood that a court grants a 12(b)(6) motion with leave to amend following Iqbal. In this article, Professor Moore updates and increases the pool of cases in her database. The updated data reveals several empirical trends. …
Detention Debates, Deborah N. Pearlstein
Detention Debates, Deborah N. Pearlstein
Michigan Law Review
Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva A. Orenstein
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva A. Orenstein
Articles by Maurer Faculty
As this memorial volume illustrates, Fred Zacharias wrote insightfully on many aspects of the legal profession, covering a wide-range of ethical topics and analyzing many aspects of lawyers’ work. He was interested in the lives of lawyers and believed they owed a duty to society beyond an exclusive focus on individual clients’ interests.
This Article develops a question that intrigued Fred: Prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and …
Re Canada Post Corp And Cupw (078-00-00025), Innis Christie
Re Canada Post Corp And Cupw (078-00-00025), Innis Christie
Innis Christie Collection
The Grievor requested six days of leave to take care of her mother following surgery. Her supervisor assured her that there would be no difficulty obtaining those days, and encouraged her to apply for them after taking the time off, in case she should need to apply for more than the expected 6 days. When she returned to work and made the application, 5 of the days she requested were denied, on the grounds that the one day she was awarded and the two days of the weekend should have given her adequate time to find alternate care for her …
Criminal Prosecution For Hmo Treatment Denial, John A. Humbach
Criminal Prosecution For Hmo Treatment Denial, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article will first provide a brief examination of the economic pressures that market forces bring to bear on HMOs and their decision-making personnel. The objective is to show how the natural effect of normal market forces is to exert a constant pressure towards treatment delays and denials, particularly in the cases of elderly and chronically ill patients. Part III will provide an overview of the existing criminal law as it applies to situations in which death results because someone has violated a legal duty to provide medical treatment. In Part IV, the question of the requisite mental culpability will …
Politics And Denial, Pierre Schlag
Who Stole The Cookie From The Cookie Jar?: The Law And Ethics Of Shifting Blame In Criminal Cases, Ellen Y. Suni
Who Stole The Cookie From The Cookie Jar?: The Law And Ethics Of Shifting Blame In Criminal Cases, Ellen Y. Suni
Faculty Works
Denials are a basic and often automatic response to an allegation that we have committed some wrong. Every parent has heard not me more times than he or she wants to acknowledge. The not me response is instinctive in young children, but as we mature, we learn that not me is often followed by the question: If not you, then who? Accordingly, we discover that denial is not nearly as effective unless we shift the blame to someone else. This phenomenon of childhood applies with equal force in criminal cases, where a defendant has been accused of wrongdoing. Where that …
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
All Faculty Scholarship
From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its …
The Shift Toward Managed Care And Emerging Liability Claims Arising From Utilization Management And Financial Incentive Arrangements Between Health Care Providers And Payers, Brian P. Battaglia
The Shift Toward Managed Care And Emerging Liability Claims Arising From Utilization Management And Financial Incentive Arrangements Between Health Care Providers And Payers, Brian P. Battaglia
University of Arkansas at Little Rock Law Review
No abstract provided.
There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman
There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman
Publications
No abstract provided.
Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn
Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn
St. Mary's Law Journal
In Texas, worries of judicial overproduction have persisted throughout the twentieth century. Although the Texas Supreme Court began to use per curiam opinions more frequently around 1925, the flood continues. Texas now has more courts and judges than ever before, and history offers no reason to expect retrenchment. The present scheme in Texas creates two classes of judicial opinions, published and unpublished. Unpublished opinions are not supposed to count for purposes of stare decisis, while published opinions do. Texas Appellate Rule 90 regulates the issuance of opinions from the courts of appeals. Part (a) requires intermediate courts to issue written …
The Supreme Court's Denial Of Reasonable Attorney's Fees To Prevailing Civil Rights Plaintiffs, Jean R. Sternlight
The Supreme Court's Denial Of Reasonable Attorney's Fees To Prevailing Civil Rights Plaintiffs, Jean R. Sternlight
Scholarly Works
The Supreme Court, through a series of recent decisions has effectively overridden Congress’ dictate that prevailing civil rights plaintiffs are entitled to recover reasonable attorney’s fees and costs. The solution to the current crisis lies not in reluctant court-appointed attorneys, but rather in a broad-based reform of the law regarding court-awarded attorney’s fees.
This article argues that only action by Congress will suffice to override the Supreme Court’s erroneous ruling and ensure just compensation for civil rights attorneys. Absent such legislation, it seems virtually certain that both the quantity and quality of civil rights litigation will continue to decrease. Fewer …
Contradiction And Denial, Pierre Schlag
Parent-Child Immunity: A Doctrine In Search Of Justification, Gail D. Hollister
Parent-Child Immunity: A Doctrine In Search Of Justification, Gail D. Hollister
Fordham Law Review
No abstract provided.
Denial Of A Pro Se Litigant's Motion To Appoint Counsel: The Preclusive Effect Of Refusing Immediate Review, Nicolas Swerdloff
Denial Of A Pro Se Litigant's Motion To Appoint Counsel: The Preclusive Effect Of Refusing Immediate Review, Nicolas Swerdloff
Fordham Law Review
No abstract provided.
Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis
Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis
Fordham Law Review
No abstract provided.
Ortwein V. Schwab, 410 U.S. 656 (1973), Florida State University Law Review
Ortwein V. Schwab, 410 U.S. 656 (1973), Florida State University Law Review
Florida State University Law Review
Constitutional Law-FOURTEENTH AMENDMENT-REQUIREMENT OF FILING FEE FOR JUDICIAL REVIEW OF ADMINISTRATIVE REDUCTION OF WELFARE BENEFITS DOES NOT CONSTITUTE DENIAL OF DUE PROCESS OR EQUAL PROTECTION OF LAW.
Civil Procedure-Judgments-Res Judicata Effect Of Dismissal With Prejudice, David F. Ulmer S.Ed.
Civil Procedure-Judgments-Res Judicata Effect Of Dismissal With Prejudice, David F. Ulmer S.Ed.
Michigan Law Review
Plaintiff brought an action in the circuit court against Crane for breach of an alleged trust agreement. When Crane died, his estate, which was substituted as defendant, moved to dismiss the action, alleging that plaintiff's cause of action was barred by laches and by a previous divorce settlement. Plaintiff having failed to file counter affidavits, the court dismissed the complaint and allowed plaintiff twenty days to file an amended complaint. When he failed to do so, the court dismissed the action "with prejudice." Plaintiff's later claim, filed in the probate court, but based on the same trust agreement, was allowed. …
Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii
Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii
Michigan Law Review
This action was brought in a South Carolina state court and removed to the federal district court on grounds of diversity of citizenship. After the evidence of both parties had been presented, the court denied defendant's motion for a directed verdict. Thereafter, the jury returned a verdict for the plaintiff. Although defendant filed a motion for a new trial on grounds of newly discovered evidence which the court denied, he did not move to have the verdict and judgment set aside and to have judgment entered in his favor as he might have done under Rule 50 (b) of the …