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Articles 1 - 30 of 404
Full-Text Articles in Law
December 29, 2020: What Democrats Can Learn From Trump's Narrow Loss, Bruce Ledewitz
December 29, 2020: What Democrats Can Learn From Trump's Narrow Loss, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Democrats Can Learn From Trump's Narrow Loss“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz
What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
December 25, 2020: Merry Christmas To All, Bruce Ledewitz
December 25, 2020: Merry Christmas To All, Bruce Ledewitz
Hallowed Secularism
Blog post, “Merry Christmas to All“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2020: This Week's Column--The Future Of The Supreme Court, Bruce Ledewitz
December 16, 2020: This Week's Column--The Future Of The Supreme Court, Bruce Ledewitz
Hallowed Secularism
Blog post, “This week's column--the future of the Supreme Court“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz
What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden
Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk
Briefs
No abstract provided.
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss: Dyer V. Smith, Brandon Hasbrouck, Katherine Mims Crocker
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss: Dyer V. Smith, Brandon Hasbrouck, Katherine Mims Crocker
Scholarly Articles
This case illustrates how the First Amendment functions as an essential backstop to Fourth Amendment freedoms—and vice versa. As revealed by the national response to the killing of George Floyd and so many similar injustices, the ability to record encounters with government representatives is critical to preserving civil rights, and especially the right to avoid excessive force. The public only “became aware of the circumstances surrounding George Floyd’s death because citizens standing on a sidewalk exercised their First Amendment rights and filmed a police officer kneeling on Floyd’s neck until he died.” Index Newspapers LLC v. U.S. Marshals Serv., …
Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden
Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo
An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo
Senior Honors Theses
This thesis will examine the competing interpretations of the United States Constitution and the different effects these interpretations would have on the American government and legal systems. By examining legal precedents and different philosophical views, the varying interpretations will be examined and put through real-world scenarios. The founding of America was over 200 years ago, but philosophical views throughout history shall be used in the understanding of the different interpretations and real-world consequences. The thesis will not claim that one interpretation is proper and the perfect one for the United States, rather it will challenge each view in an attempt …
December 2, 2020: Reform The Electoral College, Bruce Ledewitz
December 2, 2020: Reform The Electoral College, Bruce Ledewitz
Hallowed Secularism
Blog post, “Reform the Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz
The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps
The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps
Articles
Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the "death" or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …
A Poll Tax By Another Name: Considering The Constitutionality Of Conditioning Naturalization And The “Right To Have Rights” On An Ability To Pay, John Harland Giammatteo
A Poll Tax By Another Name: Considering The Constitutionality Of Conditioning Naturalization And The “Right To Have Rights” On An Ability To Pay, John Harland Giammatteo
Journal Articles
Permanent residents must naturalize to enjoy full access to constitutional rights, particularly the right to vote. However, new regulations from U.S. Citizenship and Immigration Services (USCIS), finalized in early August and originally slated to go into effect one month before the 2020 election, would drastically increase the cost of naturalization, moving it out of reach for many otherwise-qualified permanent residents, while at the same time abolishing any meaningful fee waiver for low-income applicants. In doing so, USCIS has sought to condition naturalization and its attendant rights on an individual’s financial status. In this Essay, I juxtapose the new fee regulations …
Form And Substance In Singapore Constitutional And Administrative Law, Kenny Chng
Form And Substance In Singapore Constitutional And Administrative Law, Kenny Chng
Research Collection Yong Pung How School Of Law
This paper proposes to study constitutional and administrative law in Singapore through the lenses of Atiyah’s and Summers’ concepts of form and substance in order to discern fruitful avenues for the development of Singapore constitutional and administrative law. While the concepts of form and substance in the context of constitutional law are often associated with constitutional interpretation, they can also be fruitfully applied to other areas of constitutional and administrative law to shed light on the potential trajectories of Singapore law. The intent of this paper is to apply Atiyah’s and Summers’ concepts of form and substance to Singapore constitutional …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
November 18, 2020: We Need A National Party, Bruce Ledewitz
November 18, 2020: We Need A National Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “We Need a National Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
This Year’S Divided Electorate Is A Reminder Of Why We Need Workable, Governing Majorities, Bruce Ledewitz
This Year’S Divided Electorate Is A Reminder Of Why We Need Workable, Governing Majorities, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The American Law Of Overruling Necessity: The Exceptional Origins Of State Police Power, William J. Novak
The American Law Of Overruling Necessity: The Exceptional Origins Of State Police Power, William J. Novak
Book Chapters
One of the most significant legal-constitutional moments in the history of the American republic occurred in the Confederation Congress on September 26 and 27, 1787. On those dates, the handiwork of the historic Constitutional Convention in Philadelphia was now "laid before the United States in Congress assembled." And the momentous question for the extant official lawmaking body of the US government was what to do next. Under Article 1 3 of the Articles of Confederation, any alteration of the articles had to be agreed to by Congress and confirmed by the legislatures of every state. Notably, the Philadelphia convention had …
November 10, 2020: How I Reacted Last Time To Demands For Recounts, Bruce Ledewitz
November 10, 2020: How I Reacted Last Time To Demands For Recounts, Bruce Ledewitz
Hallowed Secularism
Blog post, “How I Reacted Last Time to Demands for Recounts“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 8, 2020: Joe Biden Wins, Bruce Ledewitz
November 8, 2020: Joe Biden Wins, Bruce Ledewitz
Hallowed Secularism
Blog post, “Joe Biden Wins“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Alito, Conservative Justices Are Fighting Old Ghosts In Pa. Count All The Ballots, Bruce Ledewitz
Alito, Conservative Justices Are Fighting Old Ghosts In Pa. Count All The Ballots, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
November 5, 2020: Count All The Pennsylvania Ballots--Conservative Justices Are Seeing The Ghost Of Bush V. Gore, Bruce Ledewitz
November 5, 2020: Count All The Pennsylvania Ballots--Conservative Justices Are Seeing The Ghost Of Bush V. Gore, Bruce Ledewitz
Hallowed Secularism
Blog post, “Count All the Pennsylvania Ballots--Conservative Justices Are Seeing the Ghost of Bush v. Gore“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 4, 2020: Looks Like President Trump Was Reelected, Bruce Ledewitz
November 4, 2020: Looks Like President Trump Was Reelected, Bruce Ledewitz
Hallowed Secularism
Blog post, “Looks Like President Trump Was Reelected“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Is It Time To Revisit Qualified Immunity?, Joseph A. Schremmer, Sean M. Mcgivern
Is It Time To Revisit Qualified Immunity?, Joseph A. Schremmer, Sean M. Mcgivern
Faculty Scholarship
The right to sue and defend in the courts of the several states are essential privileges of citizenship. Eight generations ago, this right was unavailable to black people, because descendants of African slaves were never intended to be citizens. Then, and for years to come, local governments failed to protect African Americans from violence and discrimination and were sometimes complicit in those violations.
Qualified immunity was born in 1982 when the Supreme Court decided Harlow v. Fitzgerald. With an outflow of questionable court decisions shielding officers solely because they act under color of state law, it is time for the …
The Executive Branch Anticanon, Deborah Pearlstein
The Executive Branch Anticanon, Deborah Pearlstein
Articles
Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …
Framing The Second Amendment: Gun Rights, Civil Rights And Civil Liberties, Timothy Zick
Framing The Second Amendment: Gun Rights, Civil Rights And Civil Liberties, Timothy Zick
Faculty Publications
Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a "collective, ""civic republican," "individual," and 'fundamental" right. Gun rights advocates have defended the right to keep and bear arms on "law and order" grounds, while gun control proponents have urged regulation based on "public health, " "human rights, " and other concerns. These frames and concepts have significantly influenced how the right to keep and bear arms has been debated, interpreted, and enforced. This Article …
Ag-Gag Laws, Animal Rights Activism, And The Constitution: What Is Protected Speech?, Jodi Lazare
Ag-Gag Laws, Animal Rights Activism, And The Constitution: What Is Protected Speech?, Jodi Lazare
Articles, Book Chapters, & Popular Press
This article examines the constitutionality of ag-gag legislation that has recently been adopted by two Canadian provinces and is on the horizon in others. Ag-gag legislation prohibits activities such as trespass onto agricultural animal operations, gaining entry onto agriculture operations using false pretences, and interfering with the transport of farmed animals to slaughter. The analysis draws on case law and literature interpreting section 2(b) of the Canadian Charter of Rights and Freedoms and engages with scholarship related to animal rights activism, American ag-gag legislation, and feminist animal studies to argue that ag-gag laws violate the fundamental freedoms protected by the …