Law Commons^™

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Both Sides Of The Coin: A Decade Of Parallel Proceedings And Enforcement Of Foreign Judgments In Transnational Litigation, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.

Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus

Law Faculty Scholarship

No abstract provided.

Reading/Teaching Lawyer Films, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Technology Worth Patenting, Thomas G. Field Jr

Law Faculty Scholarship

Inevitably scarce resources are better invested in deciding which [patent] applications are worth filing and seeking the broadest defensible claims for those that are chosen. Whether a patent can be obtained for less than, say, $10,000 is the wrong question. Whether a patent is worth having is the better question—particularly from the standpoint of prospective licensees.

A National Tax Bar: An End To The Attorney-Accountant Tax Turf War, Katherine D. Black, Stephen T. Black

Law Faculty Scholarship

Although current case law is divided regarding when an accountant is practicing law, this Article will explore different approaches to this problem. Specifically, Part II of this Article explores which entities control the regulation of the legal profession. Next, Part III examines the impact of the state courts on the issue of unauthorized legal practice. Part IV touches on the related issue of privilege and the treatment of attorney-client privilege in the context of tax practice. Further, Part V considers whether tax practice should be considered the practice of law, and Part VI of this Article examines the legal profession's …

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

The "Bedbug" Case And State Farm V. Campbell, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Lawrence V. Texas: Evolution Of Constitutional Doctrine, Diana Hassel

Law Faculty Scholarship

No abstract provided.

Ten Years (Or So) After Gilmer: Arbitration Of Employment Law Claims Under The Federal Arbitration Act And The Role Of Rhode Island Law, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.

Shouting Into The Wind: District Court Judges And Federal Sentencing Policy, David M. Zlotnick

Law Faculty Scholarship

No abstract provided.

Justice In Rhode Island: Edson Toro And Procedural Default, Larry J. Ritchie

Law Faculty Scholarship

No abstract provided.

Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Culture Of Quiescence, Carl Bogus

Law Faculty Scholarship

No abstract provided.

The Use Of Prior Convictions After Apprendi, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Culture Of Quiescence, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.

Free Exercise Of Religion In Germany And The United States, Edward J. Eberle

Law Faculty Scholarship

In this Article, Professor Edward Eberle provides a comparative overview of constitutional safeguards affecting religious freedom in Germany and the United States. Specifically the author analyzes the German and American approaches to the free exercise of religion within their respective constitutional systems. The result is an illuminating exposition that provides much insight for comparative and constitutional scholars.

In the years following the Second World War, religious freedoms in Germany developed along similar, individualist paths to those found in the United States Constitution. However, unlike the Constitution, the Basic Law's provisions touching on religious liberty are detailed and quite elaborate and …

Researching The Laws Of The Colony Of Rhode Island And Providence Plantations, Gail I. Winson

Law Faculty Scholarship

Roger Williams is generally recognized as the founder of Rhode Island. Although his settlement of Providence in 1636 was not the first or only settlement in the area, he was able to open the whole region to English settlement. Due to his friendship with local Indians and knowledge of their language he obtained land from the Indians and assisted other settlers in doing the same. When Williams was banished from the Massachusetts Bay Colony in 1635 because of his rejection of Puritanism, his friend, Governor John Winthrop, suggested that he start a new settlement at Narragansett Bay. Founders of other …

The Battle For Separation Of Powers In Rhode Island, Carl Bogus

Law Faculty Scholarship

No abstract provided.

The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes

Law Faculty Scholarship

No abstract provided.

From Pick And Shovel To Mountaintop Removal: Environmental Injustice In The Appalachian Coalfields, Patrick C. Mcginley

Law Faculty Scholarship

In this Essay, Professor McGinley examines a century of conflicts between the coal mining industry and the people of the "billion dollar coalfield" communities of southern West Virginia whose labors provided fuel for the industrial revolution, two world wars, and the energy demands of the nation.

The Essay identifies a troubling paradox Highly efficient new mining technologies, including so-called "mountaintop removal" strip mining, have resulted in the loss of tens of thousands of well paying jobs while coal production has reached record levels and many coalfield communities remain mired in economic stagnation and poverty.

The Essay identifies provisions of the …

The Separation Of Powers And The Public Policy Role Of The State Court In A Routine Case, Harold See

Law Faculty Scholarship

Grand questions like those of tyranny and anarchy rarely present themselves in royal attire, but, instead, appear in humble garb. I wish to address the constitutional issue of the separation and balance of powers in our tripartite structure of government, but I will address it in humble dress.

Does Capital Punishment Have A Future? : A Resource Guide For Teachers, David L. Hudson Jr.

Law Faculty Scholarship

The resource guide is intended to help teachers lead students through an exploration of the application of capital punishment in the United States. It offers substantive information about landmark U.S. Supreme Court cases affirming the constitutionality of the dearth penalty, establishing limits for its imposition, and setting legal procedures for judicial review. It explores the philosophical arguments for and against the death penalty, the social context for the death penalty debate, and current international perspectives. Understanding capital punishment and the issues it raises for the American legal system is necessary for students to become fully functioning citizens in a constitutional …

Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi

Law Faculty Scholarship

Bryan Harris, MA (Oxon), passed away recently in his beloved native England, after a brief illness. His wife Mary, two sons and a daughter survive him. Bryan Harris had a long and distinguished career as an author, educator, barrister, diplomat, publisher and lobbyist. He was a consultant on European Union policies and laws to commercial and professional firms and associations. For almost three decades he was a Member of the Board of Trustees and Adjunct Professor of European Union Law at Pierce Law. Pierce Law President and Dean, John Hutson summed up what many members of the Pierce Law community …

Describing The Ball: Improve Teaching By Using Rubrics - Explicit Grading Criteria, Sophie M. Sparrow

Law Faculty Scholarship

Assessment is crucial to effective teaching and learning. Carnegie's Educating Lawyers and Roy Stuckey's Best Practices for Legal Education emphasize the importance of assessment. This article explains how detailed, written grading criteria describing what students should learn and how they will be evaluated should be a central part of law teachers' assessment plans. The article details how rubrics can improve law student learning, and contains both detailed, step-by-step directions on creating rubrics and examples of rubrics from many different law school courses.

Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann

Law Faculty Scholarship

Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …

Economic Efficiency And Consumer Choice Theory In Nutritional Labeling, Michael Mccann

Law Faculty Scholarship

As more Americans consume fast food each year, more Americans are contracting serious diseases related to obesity. Considering that obesity ranks second behind tobacco use as the largest contributor to mortality rates in the United States, and also that it gives rise to greater publicly funded health care expenses than does tobacco, this phenomenon begs the obvious question: To what extent does the growing consumption of fast food contribute to the obesity epidemic and the incidence of disease? If the answer indicates a meaningful contribution, a natural follow-up question then emerges: In a sensible legal system, what instruments would best …