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Full-Text Articles in Law

Law School News: Introducing Rwu Law's Sixth Dean 07-01-2020, Michael M. Bowden Jul 2020

Law School News: Introducing Rwu Law's Sixth Dean 07-01-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Kenya’S Intellectual Property Bill, 2020, And Its Shortcomings In Adopting All Lawful Trips Public Health Flexibilities, Brook K. Baker Jun 2020

Kenya’S Intellectual Property Bill, 2020, And Its Shortcomings In Adopting All Lawful Trips Public Health Flexibilities, Brook K. Baker

Joint PIJIP/TLS Research Paper Series

Given the importance of access to medicines to human rights and well-being in Kenya, it is appropriate to analyze whether Kenya has currently incorporated the allowed public health flexibilities to the greatest extent possible in its draft Intellectual Property Bill, 2020. This analysis will focus on the patent, utility model, and enforcement measures only as they are the ones directly relevant to access to medicines and other health technologies. The analysis starts with the premise that Kenya wishes to avoid granting unwarranted patents on unworthy inventions, especially with respect to medicines and other health technologies. In particular, the assumption is …


Law School News: F.A.Q.: Covid-19 And Rwu Law, Roger Williams University School Of Law Mar 2020

Law School News: F.A.Q.: Covid-19 And Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


#Sowhitemale: Federal Procedural Rulemaking Committees, Brooke D. Coleman Jan 2020

#Sowhitemale: Federal Procedural Rulemaking Committees, Brooke D. Coleman

Faculty Articles

Of the 630 members of a specialized set of committees responsible for drafting the federal rules for civil and criminal litigation, 591 of them have been white. That is 94 percent of the committee membership. Of that same group, 513—or 81 percent—have been white men. Decisionmaking bodies do better work when their members are diverse; these rulemaking committees are no exception. The Federal Rules of Practice and Procedure are not mere technical instructions, nor are they created by a neutral set of experts. To the contrary, the Rules embody normative judgments about what values trump others, and the rulemakers—while experts—are …


Iran, Diane M. Zorri Jan 2020

Iran, Diane M. Zorri

Publications

Internet access in Iran is characterized by strong censorship, limited access, surveillance, and widespread state-sanctioned propaganda. The regime in Tehran views internet freedom as a critical threat to its national security (Henry, Pettyjohn, and York 2014). Using an index of variables such as obstacles to access, limits on content, and violations of user rights, the nongovernmental organization Freedom House rates Iran’s internet access as “not free” (Freedom House 2018). On a scale of zero to one hundred, where zero is “free” and one hundred is “not free,” Freedom House scores Iran at an eighty-five, making it the least free nation …


Antibiotic Development & Economic, Regulatory And Societal Challenges, Kevin Outterson, Christine Årdal, Manica Balasegaram, Ramanan Laxminarayan, David Mcadams, John Rex, Nithima Sumpradit Jan 2020

Antibiotic Development & Economic, Regulatory And Societal Challenges, Kevin Outterson, Christine Årdal, Manica Balasegaram, Ramanan Laxminarayan, David Mcadams, John Rex, Nithima Sumpradit

Faculty Scholarship

Antibiotic resistance is undoubtedly one of the greatest challenges to global health, and the emergence of resistance has outpaced the development of new antibiotics. However, investments by the pharmaceutical industry and biotechnology companies for research into and development of new antibiotics are diminishing. The public health implications of a drying antibiotic pipeline are recognized by policymakers, regulators and many companies. In this Viewpoint article, seven experts discuss the challenges that are contributing to the decline in antibiotic drug discovery and development, and the national and international initiatives aimed at incentivizing research and the development of new antibiotics to improve the …


Beyond The Marrakesh Vip Treaty: Typology Of Copyright Access-Enabling Provisions For Persons With Disabilities, Caroline B. Ncube, Blake E. Reid, Desmond O. Oriakhogba Jan 2020

Beyond The Marrakesh Vip Treaty: Typology Of Copyright Access-Enabling Provisions For Persons With Disabilities, Caroline B. Ncube, Blake E. Reid, Desmond O. Oriakhogba

Publications

This paper builds upon the evidence drawn from a scoping study on access to copyright works by persons with disabilities. It identifies and discusses specific access‐enabling technologies for persons with aural, cognitive, physical, and visual disabilities and how they are affected by the exercise of exclusive rights. It shows how, and the extent to which states' ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) has enabled the making of accessible format of copyright works for persons with disabilities. To this end, the paper examines …


Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2019

Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law School News: Meet Rwu Laws New Director Of Diversity, Michael M. Bowden Oct 2019

Law School News: Meet Rwu Laws New Director Of Diversity, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law May 2019

Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Anthrogogy: Towards Inclusive Law School Learning, Rebecca C. Flanagan Jan 2019

Anthrogogy: Towards Inclusive Law School Learning, Rebecca C. Flanagan

Faculty Publications

At the time it was introduced, andragogy did offer benefits over “chalk and talk;” where most law students passively took notes while one student at a time actively engaged with their professor in a Socratic dialogue. While andragogy has sustained several modifications and revisions over the last fifty years, it does not reflect the life stage or life experiences that blur the boundaries of childhood and adulthood for over half the current student body in most law schools. Andragogy, designed as a teaching methodology for traditional adults seeking continuing education or to gain credentials for upward mobility in their current …


Fintech Lending: A Study Of Expectations Versus Market Outcomes, Vincent Dilorenzo Jan 2019

Fintech Lending: A Study Of Expectations Versus Market Outcomes, Vincent Dilorenzo

Faculty Publications

This article explores expectations and outcomes. It documents the expectations for the fintech lending industry, which has emerged in this decade, and compares such expectations to market outcomes. It presents an evidence-based analysis for policy making decisions. Part one of the article documents expectations—possible benefits and risks of fintech lending—through large-scale surveys and interviews of industry, consumer and government stakeholders. Part two of the article examines market outcomes—benefits and risks that have been realized or failed to materialize as documented by studies of substantial data sets of various types of fintech loans. The benefits and risks explored include increased access …


Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz Jan 2019

Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz

Faculty Publications

Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …


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

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

Law Library Newsletters/Blog

No abstract provided.


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro May 2018

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …


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

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

Law Library Newsletters/Blog

No abstract provided.


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

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

Law Library Newsletters/Blog

No abstract provided.


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

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

Law Library Newsletters/Blog

No abstract provided.


Ferpa Close-Up: When Video Captures Violence And Injury, Richard J. Peltz-Steele, Kitty L. Cone Jan 2018

Ferpa Close-Up: When Video Captures Violence And Injury, Richard J. Peltz-Steele, Kitty L. Cone

Faculty Publications

Federal privacy law is all to often misconstrued or perverted to preclude the disclosure of video recordings that capture students victimized by violent crime or tortious injury. This misuse of federal law impedes transparency and accountability and, in many cases, even jeopardizes the health, safety, and lives of children. When properly construed, however, federal law is no bar to disclosure and, at least in public schools, works in tandem with freedom of information laws to ensure disclosure. This Article posits that without unequivocal guidance from federal administrative authorities, uncertainty regarding the disclosure of such recordings will continue to linger, jeopardizing …


Medicalization Of Rural Poverty: Challenges For Access, Elizabeth Weeks Jan 2018

Medicalization Of Rural Poverty: Challenges For Access, Elizabeth Weeks

Scholarly Works

This article was prepared for a live conference, on “The Medicalization of Poverty,” held at the University of Illinois College of Law, and a symposium to be published in the Journal of Law, Medicine & Ethics. My piece focuses on a constellation of challenges for health care delivery and access to care in rural areas. Discussions regarding health and poverty often seem to focus on the admittedly persistent and multilayered problems of the urban poor: unemployment, substandard and unaffordable housing, violent crime, nutrition and “food desserts,” recreation and safe outdoor spaces, and under-resourced public schools, to name a few. While …


Template Policy Re: Access To Medical Assistance In Dying In Publicly-Funded Institutions, Jocelyn Downie Jan 2018

Template Policy Re: Access To Medical Assistance In Dying In Publicly-Funded Institutions, Jocelyn Downie

Articles, Book Chapters, & Popular Press

Patients are being denied access to assessments for, and provision of, medical assistance in dying (MAiD) in publicly-funded institutions in Canada. Health authorities should implement policies that prohibit forced transfer for MAiD (assessments and provision) unless it can be achieved without undue delay or harm to the patient (as determined by the MAiD Program, not the institution). This is a template policy that health authorities could adopt to ensure access to a legal health service in all publicly-funded institutions (including faith-based institutions) under their authority.


The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School Of Law Nov 2017

The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Law Library Blog (September 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2017

Law Library Blog (September 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney Sep 2017

Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney

Faculty Scholarship

Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.

NFL …


The Pro Bono Collaborative Project Spotlight, Roger Williams University School Of Law Jun 2017

The Pro Bono Collaborative Project Spotlight, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Trending @ Rwu Law: Raquel Ortiz's Post: Deepening Connections Between Rwu Law And The State Bench And Bar: Library Edition 04-27-2017, Raquel Ortiz Apr 2017

Trending @ Rwu Law: Raquel Ortiz's Post: Deepening Connections Between Rwu Law And The State Bench And Bar: Library Edition 04-27-2017, Raquel Ortiz

Law School Blogs

No abstract provided.


Law Library Blog (March 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2017

Law Library Blog (March 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


A Genealogy Of Open Access: Negotiations Between Openness And Access To Research / Une Généalogie De L'Open Access : Négociations Entre L'Ouverture Et L'Accès À La Recherche, Samuel A. Moore Jan 2017

A Genealogy Of Open Access: Negotiations Between Openness And Access To Research / Une Généalogie De L'Open Access : Négociations Entre L'Ouverture Et L'Accès À La Recherche, Samuel A. Moore

Copyright, Fair Use, Scholarly Communication, etc.

Open access (OA) is a contested term with a complicated history and a variety of understandings. This rich history is routinely ignored by institutional, funder and governmental policies that instead enclose the concept and promote narrow approaches to OA. This article presents a genealogy of the term open access, focusing on the separate histories that emphasise openness and reusability on the one hand, as borrowed from the open-source software and free culture movements, and accessibility on the other hand, as represented by proponents of institutional and subject repositories. This genealogy is further complicated by the publishing cultures that have evolved …


Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University Dec 2016

Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University

Law School Blogs

No abstract provided.


Of Migrants And Middlemen: Cultivating Access And Challenging Exclusion Along The Vietnam–Cambodia Border, Timothy Gorman, Alice Beban Jul 2016

Of Migrants And Middlemen: Cultivating Access And Challenging Exclusion Along The Vietnam–Cambodia Border, Timothy Gorman, Alice Beban

Department of Sociology Faculty Scholarship and Creative Works

In a possible sign of a new trend in Southeast Asia, economic pressures are driving smallholder shrimp farmers from Vietnam's Mekong Delta across the Cambodian border in search of new land. Building from ethnographic research with Vietnamese shrimp farmers in Kampot province, Cambodia, this paper explores the structures, mechanisms, and relations that facilitate and impede the ability of Vietnamese migrants to gain and maintain access to land in Cambodia. The Vietnamese migrants in our study bring capital and farming skills, but their ambiguous legal status and their lack of social networks and experience with the terms of access in Cambodia …