Law Commons^™

Unpacking The Forgotten Truth: Reestablishing Affirmative Action With Hispanic-Serving Institutions And The Military Equal Opportunity Program For Hispanics, Isabelle Rosado

Modern Languages, Philosophy and Classics Theses

Affirmative Action combats discrimination amongst individuals on the basis of race, creed, color, sex, or national origin and falls under the 14th Amendment. Race has been a leading result of the reevaluation of Affirmative Action programs. Furthermore, the United States Military is an organization that also advocates for racial equality but is seldom discussed. Claims of reverse racism and privilege shield the primary purpose of Affirmative Action. Discredited opinions engulf young minds in the never-ending social conflict of racial equality. This problem continues to be unsolved which divides Americans. The increase of Hispanics/Latinxs in the U.S. forces the analysis of …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.

Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Changemakers: Master Of Studies In Law: 'Radical Imagination, Radical Listening', Roger Williams University School Of Law

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

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

Life of the Law School (1993- )

No abstract provided.

Ability Of The Eeoc To Litigate For Compensation On Behalf Of A Specific Individual Despite Automatic Stay, Julia Guthy

Bankruptcy Research Library

(Exceprt)

Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides for an automatic stay, i.e., a “statutory injunction against efforts outside [a] bankruptcy to collect debts from a debtor under the protections of the Bankruptcy Code.” However, pursuant to section 362(b)(4) of the Bankruptcy Code, a governmental agency may commence or continue an action against a debtor to enforce the agency’s police or regulatory power despite the automatic stay (hereinafter, the “§362(b)(4) Exception”). For the exception to apply, the action of the governmental agency must “protect the public health and safety” as opposed to “a …

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

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

Life of the Law School (1993- )

No abstract provided.

The Middleman’S Damages Revisited, Victor P. Goldberg

Faculty Scholarship

If A promises to sell to B who, in turn, promises to sell to C and either A or C breaches should B receive the gain it expected had both transactions occurred (lost profits) or the larger market/contract differential? Recent case law and commentary argues for the lost profit remedy. The argument is that there is a conflict between awarding market damages and making the nonbreacher whole. This paper argues that there is no conflict. If B were a broker, and C breached, then A would have an action against C for market damages. If B were party to the …

Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Intention And Motivation, Joseph Raz

Faculty Scholarship

What is the role of intentions in the actions intended? What do they contribute, and how do they contribute to the occurrence of the intended actions?

The paper will offer an account of acting with an intention and of having an intention to act. It will not offer an account of intentional action, merely suggesting that when intentional actions are not actions done with an intention, their explanation as intentional relates to that of actions with intentions, showing how like them and unlike them they are. Motivation will be discussed mainly to distinguish its role in leading to action from …

Law Library Blog (August 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Linking Adaptation Science To Action To Build Food Secure Pacific Island Communities, C Cvitanovic, Steven Crimp, Alexander Fleming, Johann D. Bell, M Howden, Alistair Hobday, Me Stuart Taylor, R B. Cunningham

Faculty of Law, Humanities and the Arts - Papers (Archive)

Climate change is a major threat to food security in Pacific Island countries, with declines in food production and increasing variability in food supplies already evident across the region. Such impacts have already led to observed consequences for human health, safety and economic prosperity. Enhancing the adaptive capacity of Pacific Island communities is one way to reduce vulnerability and is underpinned by the extent to which people can access, understand and use new knowledge to inform their decision-making processes. However, effective engagement of Pacific Island communities in climate adaption remains variable and is an ongoing and significant challenge. Here, we …

Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle

All Faculty Scholarship

This Article examines the role military automated surveillance and intelligence systems and techniques have supported a self-reinforcing racial bias when used by civilian police departments to enhance predictive policing programs. I will focus on two facets of this problem. First, my research will take an inside-out perspective, studying the role played by advanced military technologies and methods within civilian police departments, and how they have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools, and which automates de facto penalization and …

An Assessment Of Affirmative Action In Business, Jordan A. Kennedy

Honors Scholar Theses

Affirmative action has become an inevitable aspect of the employment hiring process. It has been put into place to assist in eradicating the institutionalized discrimination that inherently exists in such practices. On the surface, affirmative action may appear to be something that is beneficial to both the hiring institution and the individual; it seems to be a win-win situation because the business is creating a more diverse workplace and the individual is getting a job that they desired. However, the way that affirmative action is practiced may prevent its overall effectiveness. For example, there are several fundamental flaws with this …

Missing In Action, Rowan Cahill, Terence H. Irving

Faculty of Law, Humanities and the Arts - Papers (Archive)

‘Marxist scholarship, already on the defensive for political reasons inside university economics faculties, often retreated into scholastic debates over texts or into abstruse mathematical calculations as remote from the real world as those of their mainstream colleagues.’ So wrote Chris Harman in Zombie Capitalism: Global Crisis and the Relevance of Marx (Bookmarks Publications, 2009). It was not just in economics that the radicals retreated; it happened in all the social sciences and humanities. And not just because of political timidity; they had been outflanked. Knowledge production had changed in ways that disadvantaged radicals.

The Dilemma Action: Analysis Of An Activist Technique, Majken Sorensen, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

When nonviolent activists design an action that poses a dilemma for opponents— for example whether to allow protesters to achieve their objective or to use force against them with consequent bad publicity—this is called a dilemma action. These sorts of actions have been discussed among activists and in activist writings, but not systematically analyzed. We present a preliminary classification of different aspects of dilemma actions and apply it to three case studies: the 1930 salt march in India, a jail-in used in the Norwegian total resistance movement in the 1980s, and the freedom flotillas to Gaza in 2010 and 2011. …

Joint Attention In Joint Action, Anika Fiebich, Shaun Gallagher

Faculty of Law, Humanities and the Arts - Papers (Archive)

In this paper, we investigate the role of intention and joint attention in joint actions. Depending on the shared intentions the agents have, we distinguish between joint path-goal actions and joint final-goal actions. We propose an instrumental account of basic joint action analogous to a concept of basic action and argue that intentional joint attention is a basic joint action. Furthermore, we discuss the functional role of intentional joint attention for successful cooperation in complex joint actions.

Young Again, Larry Yackle

Faculty Scholarship

This essay revisits an old problem in the law of federal courts: the source of the right of action in Ex parte Young. The core of the story underlying Young is familiar. Shareholders in railroad corporations filed suit in a federal circuit court, claiming that state established rail rates in Minnesota violated the Fourteenth Amendment and the (dormant) Commerce Clause. The circuit court issued a preliminary injunction barring adoption of the rates and prohibiting the defendants from attempting to enforce them. One of the defendants, Minnesota Attorney General Edward T. Young, nonetheless brought a state court mandamus action against the …

Scanning The Lifeworld: Toward A Critical Neuroscience Of Action And Interaction, Shaun Gallagher

Faculty of Law, Humanities and the Arts - Papers (Archive)

A recent report published in Neuron, a leading journal of neuroscience, by researchers at Japan's ATR Computational Neuroscience Laboratories (Miyawaki et al., 2008) has been the basis for a claim that new technology able to analyze signals in the brain "can reconstruct the images inside a person's mind and display them on a computer monitor." Although claims made in the actual research paper were much more modest, in the media the standard, optimistic predictions were quick to come. "These results are a breakthrough in terms of understanding brain activity. In as little as 10 years, advances in this field of …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Journal Articles

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

Joint Attention, Joint Action, And Participatory Sense Making, Shaun Gallagher

Faculty of Law, Humanities and the Arts - Papers (Archive)

Developmentally, joint attention is located at the intersection of a complex set of capacities that serve our cognitive, emotional and action-oriented relations with others. It forms a bridge between primary intersubjectivity and secondary intersubjectivity consists in a set of sensory-motor abilities that allow us to understand the meaning of another person's movements, gestures, facial expressions, eye direction, and intentional actions, in the context of face-to-face interactions. These are the abilities that we first require in order to enter into joint-attentional situations. Once we are in situations of joint attention we are then able to further enhance our understanding of others, …

Verb-Based Writing, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

A colleague, who has devoted most of his career to legal writing, has developed an excellent solution. In a recent talk at the University of Denver College of Law, C. Edward Good, author and "writer in residence" at a law firm, delivered a one-hour talk teaching our students that the most efficient way to improve writing is by developing "verb-based style."

Racism As 'The National Crucial Sin': Theology And Derrick Bell, George H. Taylor

Articles

The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell's thesis of racism's permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr's paradox that social action is both necessary and meaningful …

Maritime Conflict Prevention System: Some Ideas For An Action Plan, Sam Bateman

Faculty of Law - Papers (Archive)

This paper outlines some basic proposals for developing good order at sea. It suggests that the key to promoting cooperation and establishing an effective maritime conflict prevention system lies in developing wider maritime awareness in the region, including a greater appreciation of the complexities and problems of marine environmental management. In effect, this is similar to the need perceived in the U.S. for maritime domain awareness as an essential element of Homeland Security. It recognizes that comprehensive knowledge of what is happening at sea is an essential element of maritime security although at a regional level, this knowledge and understanding …

A Principled Basis For Psychological Research: Book Review Of Praetorius On Cognition-Action, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

Praetorius' book advocates a healthy review and reform of the basic assumptions of much general theorising in psychology. Her central concern is to supply reasons of principle to demarcate the psychological and stave off reductionism. She seeks to derive these results from a handful of principles that she holds must be accepted since they form the very grounds for engaging in any inquiry at all. She employs these to good effect by showing that a number of prominent targets engaged in psychological theorising, including Gibson, Marr, Saussure, Stich and Fodor, are prey to deep-seated confusions about the general relation between …

Shelly V. Kraemer: Herald Of Social Progress And Of The Coming Debate Over The Limits Of Constitutional Change, Thomas B. Mcaffee

Scholarly Works

The Supreme Court's decision in Shelley v. Kraemer, the Supreme Court held unconstitutional judicial enforcement of racially restrictive covenants. If Shelley marks an important point in the progress of American race relations, it may be even more significant as a symbol of the vexing search for the boundaries between purely private and state action and, more specifically, the reach of the protections of the Fourteenth Amendment in a changing world. In this article, the author argues that Shelley can be read as a watershed decision that in a single stroke (1) eliminated the independent significance of the Supreme Court's long-adopted …

Negligence, Causation And Information, Stephen G. Marks

Faculty Scholarship

This note suggests a model to unify, in a simple information-based framework, the notion of negligence and the various notions of causation. In effect, the model demonstrates that negligence, probabilistic cause and cause-in-fact represent an identical concept applied to different information sets. This note uses the unified framework to develop a simple algorithm for the practical application of the principles of causation in the law of negligence.