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Law Faculty Scholarship

Roger Williams University

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Articles 301 - 317 of 317

Full-Text Articles in Law

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley Oct 1998

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.


Whither Weber?, Michael J. Yelnosky Oct 1998

Whither Weber?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.


Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus Oct 1998

Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.


Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


The Hidden History Of The Second Amendment, Carl Bogus Jan 1998

The Hidden History Of The Second Amendment, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Public Discourse In Contemporary Germany, Edward J. Eberle Apr 1997

Public Discourse In Contemporary Germany, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle Jan 1997

Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky Apr 1996

Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.


Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz Oct 1995

Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Progressive Lawyering And Lost Traditions, Peter Margulies Jan 1995

Progressive Lawyering And Lost Traditions, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle Jan 1994

Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle

Law Faculty Scholarship

In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …


Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle Jul 1993

Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle Jan 1992

Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle

Law Faculty Scholarship

First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.


Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle Oct 1989

Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Procedural Due Process: The Original Understanding, Edward J. Eberle Jul 1987

Procedural Due Process: The Original Understanding, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle Oct 1984

The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle Jan 1983

Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.