Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

ACLU

Discipline
Institution
Publication Year
Publication

Articles 1 - 30 of 30

Full-Text Articles in Law

Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden May 2021

Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable Apr 2021

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.


Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law Jan 2021

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


John Stuart Mill’S Harm Principle And Free Speech: Expanding The Notion Of Harm, Melina Constantine Bell Jan 2021

John Stuart Mill’S Harm Principle And Free Speech: Expanding The Notion Of Harm, Melina Constantine Bell

Scholarly Articles

This article advocates employing John Stuart Mill’s harm principle to set the boundary for unregulated free speech, and his Greatest Happiness Principle to regulate speech outside that boundary because it threatens unconsented-to harm. Supplementing the harm principle with an offense principle is unnecessary and undesirable if our conception of harm integrates recent empirical evidence unavailable to Mill. For example, current research uncovers the tangible harms individuals suffer directly from bigoted speech, as well as the indirect harms generated by the systemic oppression and epistemic injustice that bigoted speech constructs and reinforces. Using Mill’s ethical framework with an updated notion of …


Rbg And Gender Discrimination, Eileen Kaufman Jan 2021

Rbg And Gender Discrimination, Eileen Kaufman

Scholarly Works

No abstract provided.


Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer Jan 2021

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen Jan 2021

The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen

Articles & Chapters

No abstract provided.


Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden Sep 2020

Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Association For Molecular Pathology V. Myriad Genetics: A Critical Reassessment, Jorge L. Contreras Aug 2020

Association For Molecular Pathology V. Myriad Genetics: A Critical Reassessment, Jorge L. Contreras

Utah Law Faculty Scholarship

The Supreme Court’s 2013 decision in Association for Molecular Pathology v. Myriad Genetics is part of the Court’s recent quartet of patent eligibility decisions, which also includes Bilski v. Kappos, Mayo v. Prometheus and Alice v. CLS Bank. Each of these decisions has significantly shaped the contours of patent eligibility under Section 101 of the Patent Act in ways that have been both applauded and criticized. The Myriad case, however, was significant beyond its impact on Sec-tion 101 jurisprudence. Perhaps one of the most remarkable things about Myriad is that it meant so many different things to so many different …


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney Jun 2020

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney

Life of the Law School (1993- )

No abstract provided.


Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden May 2020

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law Apr 2020

Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, Joseph Mead, David J. Carey, Freda J. Levenson, David A. Singleton, Mark A. Vander Laan, Michael L. Zuckerman Apr 2020

Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, Joseph Mead, David J. Carey, Freda J. Levenson, David A. Singleton, Mark A. Vander Laan, Michael L. Zuckerman

Law Faculty Briefs and Court Documents

In the roughly 120 hours since Petitioners filed their emergency petition for a writ of habeas corpus, the death toll at Elkton has doubled, and the number of BOP-confirmed COVID-19 cases among prisoners has tripled. About three dozen corrections staff have tested positive for the virus, a number that has also tripled since this case was filed. Elkton now accounts for more than one-third of all prisoner deaths from COVID-19 in federal prisons nationwide, and over half of the COVID-19 deaths in Columbiana County, making it one of the deadliest places a person can live in the current pandemic. According …


Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton Apr 2020

Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton

Law Faculty Briefs and Court Documents

As a tragic combination of infectious and deadly, COVID-19 poses a once-in-a-lifetime threat on a worldwide scale. Every state and territory in the United States has now been impacted, with nearly half a million cases and over 20,000 deaths reported to the Centers for Disease Control and Prevention (CDC). Even under ordinary conditions, each person who contracts this illness can be expected to infect between 2 and 3 others.

Cramped, overcrowded prisons amplify this threat. With thousands of people literally stacked on top of each other and unable to move around without rubbing shoulders, such environments are fundamentally incompatible with …


Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden Apr 2020

Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Champions For Justice 2020, Roger Williams University School Of Law Jan 2020

Champions For Justice 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein Jan 2019

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.


Roger Nash Baldwin And The St. Louis Civil Liberties Trail: Celebrating 100 Years Of The Aclu With Search For The Organization's Conceptual Founding, Patrick C. Brayer Jan 2019

Roger Nash Baldwin And The St. Louis Civil Liberties Trail: Celebrating 100 Years Of The Aclu With Search For The Organization's Conceptual Founding, Patrick C. Brayer

Faculty Works

This article traces the role of Roger Nash Baldwin as a leading figure in the American civil liberties movement in the early twentieth century. In particular, the article highlights the central role of St. Louis in this history. At the advice of family friend Louis Brandeis, Baldwin moved to St. Louis to become a sociology professor at Washington University. At the time, St. Louis was a center of migration for African Americans escaping oppression in the South. The article traces a variety of geographical locations throughout St. Louis that were important to Baldwin’s development as a leader in the civil …


Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona Jan 2018

Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona

Scholarly Works

In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis …


Newsroom: Goldstein & Horwitz On 38 Studios Records 04-13-2017, Roger Williams University School Of Law Apr 2017

Newsroom: Goldstein & Horwitz On 38 Studios Records 04-13-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Resistance On Bathrooms, Marriage Sparks Flood Of Litigation, Arthur S. Leonard Jan 2016

Resistance On Bathrooms, Marriage Sparks Flood Of Litigation, Arthur S. Leonard

Other Publications

No abstract provided.


Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen Jan 2015

Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen

Articles & Chapters

No abstract provided.


Rights And Wrongs In The Debate Over Single-Sex Schooling, Rosemary C. Salomone Jan 2013

Rights And Wrongs In The Debate Over Single-Sex Schooling, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In September 2011 an article entitled The Pseudoscience of Single-Sex Schooling appeared in the journal Science. Unlike articles typically published in peer-reviewed journals, the primary intent in this case was not to inform the scholarly community but rather to accomplish larger political and legal ends. Co-authored by eight prominent psychologists and neuroscientists, it immediately made the front pages of national newspapers and soon took the international media by storm. From the United Kingdom to Australia, New Zealand, India, and South Africa, it gave rise to a global debate about the pros and cons of single-sex schooling.

As directly …


A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine Jan 2012

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Scholarly Works

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …


State V. John Scopes (The Monkey Trial), Douglas O. Linder Jan 2007

State V. John Scopes (The Monkey Trial), Douglas O. Linder

Faculty Works

The early 1920s found social patterns in chaos. Traditionalists, the older Victorians, worried that everything valuable was ending. Younger modernists no longer asked whether society would approve of their behavior, only whether their behavior met the approval of their intellect. Intellectual experimentation flourished. Americans danced to the sound of the Jazz Age, showed their contempt for alcoholic prohibition, debated abstract art and Freudian theories. In a response to the new social patterns set in motion by modernism, a wave of revivalism developed, becoming especially strong in the American South. Who would dominate American culture -- the modernists or the traditionalists? …


Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen Jan 2005

Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen

Articles & Chapters

No abstract provided.


Smolla Argues Before The Highest Court: Cross-Burning Case Explores Free-Speech Controversy, John G. Douglass Jan 2003

Smolla Argues Before The Highest Court: Cross-Burning Case Explores Free-Speech Controversy, John G. Douglass

Law Faculty Publications

A First Amendment advocate's greatest burden can be his own client. Those clients range from the offbeat to the dangerous, from pornographers to neo-Nazis. Yet in standing up for the disreputable client, the free speech advocate stands for one of more cherished freedoms: "If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." Texas v. Johnson, 491 U.S. 397, 414 (1989). As one of the nation's leading First Amendment advocates, Allen Professor Rodney Smolla understands that burden …


A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein Jan 1995

A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein

Scholarly Works

No abstract provided.


Women's Rights Litigation In The 1980s: More Of The Same?, Tracey E. George, Lee Epstein Jan 1991

Women's Rights Litigation In The 1980s: More Of The Same?, Tracey E. George, Lee Epstein

Vanderbilt Law School Faculty Publications

In the September 1983 issue of Judicature,Karen O'Connor and Lee Epstein published the results of their examination of the fate of gender-based cases in the U.S. Supreme Court during the 1970s. Overall, they found that the justices were quite receptive to such claims, supporting the women's rights position in about 58 percent of the 63 disputes resolved between the 1969 and 1980 terms.


67/09/27 Brief Of American Civil Liberties Union, American Civil Liberties Union Of Ohio, And New York Civil Liberties Union, Amici Curiae, Thomas H. Barnard, Irwin M. Feldman, Lewis R. Katz, Bernard A. Berkman, Lewis A. Stern, Melvin L. Wulf, Alan H. Levine Sep 1967

67/09/27 Brief Of American Civil Liberties Union, American Civil Liberties Union Of Ohio, And New York Civil Liberties Union, Amici Curiae, Thomas H. Barnard, Irwin M. Feldman, Lewis R. Katz, Bernard A. Berkman, Lewis A. Stern, Melvin L. Wulf, Alan H. Levine

United States Supreme Court

The American Civil Liberties Union (ACLU), ACLU of New York and New York Civil Liberties Union's Amici Curiae Brief arguing against the "stop-and-frisk" practice as seen in Terry v. Ohio and Chilton v. Ohio, Peters v. New York, and Sibron v. New York.