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Articles 1 - 23 of 23
Full-Text Articles in Law
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Articles
The 2016 election has had significant consequences for American social welfare policy. Some of these consequences are direct. By giving unified control of the federal government to the Republican Party for the first time in a decade, the election has potentially empowered conservatives to ram through a bill to repeal the Affordable Care Act—the landmark “Obamacare” law that marked the most significant expansion of the social welfare state since the 1960s. Other consequences are more indirect. Both the election result itself, and Republicans’ actions since, have spurred a renewed debate within the left-liberal coalition regarding the politics of social welfare …
China's 'Corporatization Without Privatization' And The Late 19th Century Roots Of A Stubborn Path Dependency, Nicholas Howson
China's 'Corporatization Without Privatization' And The Late 19th Century Roots Of A Stubborn Path Dependency, Nicholas Howson
Articles
This Article analyzes the contemporary program of “corporatization without privatization” in the People's Republic of China (PRC) directed at China's traditional state-owned enterprises (SOEs) through a consideration of long ago precursor enterprise establishments--starting from the last Chinese imperial dynasty's creation of “government-promoted/-supervised, merchant-financed/-operated” (guandu shangban) firms in the latter part of the nineteenth century. While analysts are tempted to see the PRC corporations with listings on international exchanges that dominate the global economy and capital markets as expressions of “convergence,” this Article argues that such firms in fact show deeply embedded aspects of path dependency unique to the Chinese context …
Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz
Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz
‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
"First Woman To Lead R.I. State Police Attributes Her Achievement In Part To Portuguese-American Ancestry", Sabrina Brum, Iplws Ric
"First Woman To Lead R.I. State Police Attributes Her Achievement In Part To Portuguese-American Ancestry", Sabrina Brum, Iplws Ric
Elected and Appointed Officials Project
Institute intern Sabrina Brum '19 interviewed Col. Ann C. Assumpico, 13th Superintendent of the Rhode Island State Police for the IPLWS Elected and Appointed Officials Project and authored this news article, published on July 7, 2017 by O Jornal/The Herald News of Fall River. The IPLWS is grateful for the assistance of the Rhode Island College's Office of Communications and Marketing.
The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry
The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry
Faculty Scholarly Works
This Essay is written to commemorate the thirtieth anniversary of the Georgetown Journal of Legal Ethics. After exploring what the world of legal ethics looked like thirty years ago, this Essay analyzes how global developments have affected U.S. lawyer regulation and legal ethics dialogue since that time. It does so in several different ways. It begins by analyzing the growth pattern of articles publised in the Georgetown Journal of Legal Ethics that have addressed or been influenced by global developments. The Essay continues by identifying global societal developments, global legal developments, and global dialogue that have contributed to the …
From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold
From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold
Articles
Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …
Law As Instrumentality, Jeremiah A. Ho
Law As Instrumentality, Jeremiah A. Ho
Faculty Publications
Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …
Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz
Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Law Library Blog (March 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz
Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
"The Theories Underlying The Con Environment" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon
Faculty Scholarship
This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Content from Cons and festivals dominate U.S. pop culture. The conventions serve as launching pads for new artists, entrepreneurs, and innovators. The smaller versions of these events create space to develop fan fiction, allow new artists to expose their work to interested audiences, and provide an entry point for new creative enterprises. As a cultural event and platform for expression, these events …
Experience 100+, University Of Michigan Law School
Experience 100+, University Of Michigan Law School
Miscellaneous Law School History & Publications
100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2017-2019.
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
E G Whitlam: Reclaiming The Initiative In Australian History, Gregory C. Melleuish
E G Whitlam: Reclaiming The Initiative In Australian History, Gregory C. Melleuish
Faculty of Law, Humanities and the Arts - Papers (Archive)
How are we to understand the place of the Whitlam government in Australian history? My starting point is an observation that history is not only contingent but our understanding of it is nominalist. That is to say that it does not have a necessary, or natural, structure. We make, and re-make, narratives according to the way in which we arrange and re-arrange what we know about what has happened in the past. Human beings crave a satisfactory narrative to explain the past as a means of understanding the present but, in so doing, they usually have to make use of …
Genders, Sexualities And Bodies In Modern Japanese History, Vera Mackie
Genders, Sexualities And Bodies In Modern Japanese History, Vera Mackie
Faculty of Law, Humanities and the Arts - Papers (Archive)
The importance of gender to the writing of the history of modern Japan is now wellestablished. We can trace a shift from ‘women’s history’, which was largely focused on making women visible in the historical narrative, to ‘gender history’. The field of gender history deploys ‘gender’ as a major conceptual tool of analysis; considers both men’s and women’s experiences; and interrogates both masculinity and femininity (Scott 1988: 42; Molony and Uno 2005: 1–35). There is a long tradition of the writing of women’s history in the Japanese language and we now have a significant body of scholarship in the English …
Law Library: 1859-2017, Barbara H. Garavaglia
Law Library: 1859-2017, Barbara H. Garavaglia
Book Chapters
The Law Library was established in 1859 as part of the Law Department and continues to be "maintained and administered as a part of the instruction and research operation of the Law School." The library has been considered the "apparatus" of the Law Department and "the lawyer's laboratory." Indeed, this underlying view led the library to build a comprehensive collection that would provide "the means necessary for original investigation" and "permit scholars to do research work in any field of law, regardless of country or period." The collection development policy--to collect primary sources of law: statutes, civil law codes, court …
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Contract Clause: A Constitutional History By James W. Ely (Review), Jay D. Wexler
The Contract Clause: A Constitutional History By James W. Ely (Review), Jay D. Wexler
Shorter Faculty Works
If the Constitution were a zoo, what resident animal would the Contract Clause be? The clause, which is found in Article I, section 10 of our founding document, reads: “No state shall . . . pass any . . . Law impairing the Obligation of Contracts.” It certainly would not be one of the zoo’s star attractions; the Contract Clause is no First Amendment lion or Fourth Amendment tiger. But it is no bat-eared fox (the Letters of Marque Clause?) or Eurasian water shrew (the Third Amendment?) either. Based on reading Ely’s comprehensive history of the Contract Clause, perhaps it …
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Book Chapters
This chapter focuses on the use of mandatory pre-dispute arbitration clauses in a subset of consumer contracts – those involving consumer finance and investor products and services. Arbitration clauses are pervasive in financial contracts – for credit cards, bank accounts, auto loans, broker-dealer services, and many others. In the wake of the recent financial crisis, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). Dodd-Frank authorises the new Consumer Financial Protection Bureau (CFPB) and the Securities and Exchange Commission (SEC) to prohibit or condition the use of arbitration clauses in consumer finance and investment contracts, …
Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams
Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams
Honors Program: Student Scholarship & Creative Works
My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …
Book Review, Ahmed White
Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon
Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon
Faculty Scholarship
The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a judge …