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2018

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Full-Text Articles in Law

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law Dec 2018

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Preserving Life By Ranking Rights, John William Draper Dec 2018

Preserving Life By Ranking Rights, John William Draper

Librarian Scholarship at Penn Law

Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.

The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …


Law Library Blog (December 2018) : Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2018

Law Library Blog (December 2018) : Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, Peter Reilly Dec 2018

Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, Peter Reilly

Faculty Scholarship

Corporate Deferred Prosecution Agreements (DPAs) are contracts negotiated between the federal government and defendants to address allegations of corporate misconduct without going to trial. The agreements are hailed as a model of speedy and efficient law enforcement, but also derided as making a “mockery” of America’s criminal justice system stemming from lenient deals being offered to some defendants. This Article questions why corporate DPAs are not given meaningful judicial review when such protection is required for other alternative dispute resolution (ADR) tools, including plea bargains, settlement agreements, and consent decrees. The Article also analyzes several cases in which federal district …


Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison Dec 2018

Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison

Faculty Scholarship

This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.

This article shifts the focus. Instead, it argues that …


Pursuing Accountability For Perpetrators Of Intimate Partner Violence: The Peril (And Utility?) Of Shame, A. Rachel Camp Dec 2018

Pursuing Accountability For Perpetrators Of Intimate Partner Violence: The Peril (And Utility?) Of Shame, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

This Article explores the use of shame as an accountability intervention for perpetrators of intimate partner abuse, urging caution against its legitimization. Shaming interventions—those designed to publicly humiliate, denigrate, or embarrass perpetrators or other criminal wrongdoers—are justified by some as legitimate legal and extralegal interventions. Judges have sentenced perpetrators of Intimate Partner Violence (“IPV”) to hold signs reading, “This is the face of domestic abuse,” among other publicly humiliating sentences. Culturally, society increasingly uses the Internet and social media to expose perpetrators to public shame for their wrongdoing. On their face, shaming interventions appear rational: perpetrators often belittle, humiliate, and …


Assessing The Impact Of The Global Compacts On Refugees And Migration In The Middle East, Susan M. Akram Dec 2018

Assessing The Impact Of The Global Compacts On Refugees And Migration In The Middle East, Susan M. Akram

Faculty Scholarship

Today, the overwhelming burden of the global refugee and migrant crisis is borne by the Middle East region, driven by protracted armed conflict and exacerbated by a deficit of applicable international legal norms. Most States in the Middle East have not adopted the international treaties that provide protection guarantees for refugees and stateless persons, the 1951 Refugee Convention and its 1967 Protocol, the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness. The lack of legal status for persons displaced by conflict, many of whom are stateless refugees, leaves them in situations …


Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick Nov 2018

Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Debating Immigration Restriction: The Case For Low And Slow, Amy L. Wax Nov 2018

Debating Immigration Restriction: The Case For Low And Slow, Amy L. Wax

All Faculty Scholarship

This article critiques our current politics of immigration, which is dominated by moralized and sentimental rhetoric. It argues for a more honest and balanced discussion of the merits of the status quo. A more mature debate would take into account many factors that now receive insufficient attention from politicians, academics, and the mainstream media, including the interests of voters and citizens as well as newcomers, legitimate nationalistic concerns both economic and cultural, the need for unity, stability, and cohesion through assimilation to a common culture, the primacy of American sovereignty through the maintenance of secure borders, and the integrity of …


Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad Nov 2018

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

All Faculty Scholarship

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …


Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal Nov 2018

Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal

Life of the Law School (1993- )

No abstract provided.


What We Don't See When We See Copyright As Property, Jessica Litman Nov 2018

What We Don't See When We See Copyright As Property, Jessica Litman

Articles

For all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended to treat this point superficially, because – as lawyers – we take for granted that copyrights are property; property rights are freely alienable; and the grantee of a property right stands in the shoes of the original holder. I compare the 1710 Statute of Anne, which …


Whole-Of-Society Approach Needed Against Truth Decay, Eugene K. B. Tan Nov 2018

Whole-Of-Society Approach Needed Against Truth Decay, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In an age of pervasive informationflows, governments do not defeat fake news. It's the people as a society whodo.The threatof deliberate falsehoods, or more popularly "fake news", posesserious threats to the democratic wellbeing of societies. The marketplace ofideas increasingly suffers from truth decay, propagated online or offline,imperilling an already vulnerable information ecosystem. In turn,this compromises the functioning of a democracy, which is premised on citizenshaving a shared reality rather than multiple distorted realities.


Ensuring An Exemplary Judiciary Workplace: An Alternative To A Mandatory Reporting Requirement For Judges, Arthur D. Hellman Oct 2018

Ensuring An Exemplary Judiciary Workplace: An Alternative To A Mandatory Reporting Requirement For Judges, Arthur D. Hellman

Testimony

In December 2017, the Director of the Administrative Office of the United States Courts, responding to a request from Chief Justice Roberts, formed a Working Group to recommend measures “to ensure an exemplary workplace for every judge and every court employee.” The Working Group issued its report in June 2018. On October 30, 2018, two committees of the Judicial Conference of the United States, the administrative policy-making body of the federal judiciary, held a hearing on proposed amendments to the Rules for Judicial-Conduct and Judicial-Disability Proceedings and the Code of Conduct for United States Judges. Both sets of proposed amendments …


Comments On Proposed Amendments To The Rules For Judicial-Conduct And Judicial-Disability Proceedings, Arthur D. Hellman Oct 2018

Comments On Proposed Amendments To The Rules For Judicial-Conduct And Judicial-Disability Proceedings, Arthur D. Hellman

Testimony

In late 2017, prominent Ninth Circuit Judge Alex Kozinski was accused of engaging in sexual harassment and other misconduct over a long period during his tenure as a judge. Judge Kozinski resigned, but the controversy continued. The Director of the Administrative Office of the United States Courts, responding to a request from Chief Justice Roberts, formed a Working Group to recommend measures “to ensure an exemplary workplace for every judge and every court employee.” The Working Group issued its report in June 2018.

In September 2018, the Committee on Judicial Conduct and Disability (Conduct Committee) of the Judicial Conference of …


A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson Oct 2018

A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson

All Faculty Scholarship

It is argued here that the narrow provoked “heat of passion” mitigation available under current law ought to be significantly expanded to include not just murder but all felonies and not just “heat of passion” but potentially all mental or emotional disturbances, whenever the offender’s situation and capacities meaningfully reduce the offender’s blameworthiness for the violation. In determining eligibility for mitigation, the jury should take into account (a) the extent to which the offender was acting under the influence of mental or emotional disturbance (the psychic state inquiry), (b) given the offender’s situation and capacities, the extent to which one …


Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway Oct 2018

Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway

Law School Blogs

No abstract provided.


Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society Oct 2018

Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society

School of Law Conferences, Lectures & Events

No abstract provided.


Roger Williams University School Of Law And The Women's Law Society Present Women In Robes 10-4-2018, Roger Williams University School Of Law Oct 2018

Roger Williams University School Of Law And The Women's Law Society Present Women In Robes 10-4-2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos Oct 2018

It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos

Journal Articles

No abstract provided.


Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough Oct 2018

Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough

Publications and Research

This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in …


The Problem Of Wage Theft, Nicole Hallett Oct 2018

The Problem Of Wage Theft, Nicole Hallett

Journal Articles

Wage theft inflicts serious harm on America's working poor but has received little attention from policymakers seeking to address income inequality in the United States. This Article provides a comprehensive analysis of the causes of the wage theft crisis and the failure of the current enforcement regime to address it. It argues that existing policy reforms will fail, because they misunderstand the nature of the crisis and the incentives that employers face when deciding to steal workers' wages. It then proposes series of reforms that could work, while arguing that changing the economic calculus alone will be unlikely to solve …


Preventing Sexual Harassment And Misconduct In Higher Education: How Lawyers Should Assist Universities In Fortifying Ethical Infrastructure, Susan Saab Fortney Oct 2018

Preventing Sexual Harassment And Misconduct In Higher Education: How Lawyers Should Assist Universities In Fortifying Ethical Infrastructure, Susan Saab Fortney

Faculty Scholarship

The shocking reports of sexual misconduct involving Larry Nassar, the former physician at Michigan State University, captured attention worldwide. More than 300 women sued alleging that the university ignored or dismissed complaints. In Congressional testimony the former president of Michigan State apologized and noted that an independent review of the university's policies revealed that they were among the most robust that the consultants had seen. This raises the question as to how sexual misconduct could have gone unaddressed for many years. The answer to this question may be found in a 2018 Consensus Report of the National Academies of Sciences, …


Property-As-Society, Timothy M. Mulvaney Oct 2018

Property-As-Society, Timothy M. Mulvaney

Faculty Scholarship

Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception …


The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne Barnes Oct 2018

The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne Barnes

Faculty Scholarship

Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that …


The Securities Law Implications Of Financial Illiteracy, Lisa Fairfax Oct 2018

The Securities Law Implications Of Financial Illiteracy, Lisa Fairfax

All Faculty Scholarship

Every financial literacy study conducted over the last few decades concurs: Americans, including American investors, are financially illiterate. This Article argues that America’s financial illiteracy poses a significant, widespread, and long-term challenge for our federal securities regime because that regime is premised almost entirely on disclosure as the best form of investor protection and, by extension, on investors’ ability to understand disclosure. By advancing a typology of investors and their disclosure needs, this Article further argues that we may have significantly underestimated the extent of the financial illiteracy problem based on at least two flawed assumptions. First, we have presumed …


The Search For Protection For Stateless Refugees In The Middle East: Palestinians And Kurds In Lebanon And Jordan, Susan M. Akram Oct 2018

The Search For Protection For Stateless Refugees In The Middle East: Palestinians And Kurds In Lebanon And Jordan, Susan M. Akram

Faculty Scholarship

Most Arab countries have not ratified the 1951 Refugee Convention/1967 Protocol or the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness has no ratifications in the Middle East. While regional conventions dealing with refugees in the Arab world have been developed, they have been honoured primarily in the breach. Further, many Arab countries do not have domestic laws governing the status of refugees or stateless persons per se, but have applied ad hoc policies to the waves of refugees that have entered and stayed – some for decades – in …


Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow Oct 2018

Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow

Articles

A criminal defendant enjoys an array of legal rights. These include the right not to be punished for an offense unless charged, tried, and proved guilty beyond a reasonable doubt; the right not to be punished disproportionately; and the right not to be punished for the same offense more than once. I contend that the design of our criminal legal system imperils these rights in ways few observers appreciate. Because criminal codes describe misconduct imprecisely and prohibit more misconduct than any legislature actually aspires to punish, prosecutors decide which violations of the code merit punishment, and judges decide how much …


Strategies For More Inclusive Municipal Participatory Governance And Implimenting Un-Habitat's New Urban Agenda: Improving Consultation And Participation In Urban Planning Decision-Making Processes Through Rapid Ethnographic Assessment Procedures, Sara Gwendolyn Ross Sep 2018

Strategies For More Inclusive Municipal Participatory Governance And Implimenting Un-Habitat's New Urban Agenda: Improving Consultation And Participation In Urban Planning Decision-Making Processes Through Rapid Ethnographic Assessment Procedures, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

Based on the findings of an urban legal anthropology project in Toronto, Canada that tracked municipal decision-making practices in relation to development, redevelopment, and heritage preservation in the city and the often unforeseen and unacknowledged effects these can have on marginal, transgressive, and subaltern (subcultural) communities and their community cultural spaces and practices, this article will first turn to a few neighbourhood examples of public consultation processes underway in Toronto and observations of visual (vocal) resistance to faulty consultation practices. These examples reveal some of the realities of public consultation design in Toronto and how it is experienced on the …


Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Meg Penrose Sep 2018

Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Meg Penrose

Faculty Scholarship

Article Extract:

I want to start with a very important point: sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising …