Law Commons^™

Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (October 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …

Responsibility, Lawyering, Justice, David Mcgowan

Responsibility, Lawyering, Justice

Between 1942 and 1946, approximately 112,000 persons of Japanese ancestry were ordered to leave their homes and were transported to internment camps where they were held under armed guard. Four cases litigated before the United States Supreme Court dealt with orders related to this policy: Hirabayishi v. United States, Yasui v. United States, Korematsu v. United States, and ex parte Endo. Property deprivation related to internment was at issue in Oyama v. California. This note discusses whether the Solicitor General of the United States violated a duty of candor in Hirabayashi and Yasui or in Korematsu. That question requires analysis …

Responsibility, Lawyering, Justice, David Mcgowan

Faculty Scholarship

Between 1942 and 1946, approximately 112,000 persons of Japanese ancestry were ordered to leave their homes and were transported to internment camps where they were held under armed guard. Four cases litigated before the United States Supreme Court dealt with orders related to this policy: Hirabayishi v. United States, Yasui v. United States, Korematsu v. United States, and ex parte Endo. Property deprivation related to internment was at issue in Oyama v. California. This note discusses whether the Solicitor General of the United States violated a duty of candor in Hirabayashi and Yasui or in Korematsu. That question requires analysis …

Law School News: Dr. Fauci Calls On Rwu Graduates To Preserve 'Truth Justice, Diversity And Equality' 05/20/2022, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Rwu Law Receives Major Gift & Matching Challenge To Launch Scholarship Supporting Diverse Students, Public Interest Careers 02/22/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Nobody's Business: A Novel Theory Of The Anonymous First Amendment, Jordan Wallace-Wolf

Faculty Scholarship

Namelessness is a double-edged sword. It can be a way of avoiding prejudice and focusing attention on one's ideas, but it can also be a license to defame and misinform. These points have been widely discussed. Still, the breadth of these discussions has left some of the depths unplumbed, because rarely is the question explicitly faced: what is the normative significance of namelessness itself, as opposed to its effects under different conditions? My answer is that anonymity is an evasion of responsibility for one's conduct. Persons should ordinarily be held responsible for what they do, but in some cases, where …

Internal And External Challenges To Culpability, Stephen J. Morse

All Faculty Scholarship

This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.

The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal challenges to …

Using Ai To Reduce Performance Risk In U.S. Procurement, Jessica Tillipman

GW Law Faculty Publications & Other Works

In recent years, several U.S. government agencies have pioneered the use of artificial intelligence (AI) and other emerging technologies to improve the efficiency and accuracy of their "responsibility determinations" (reviews of, among other things, contractor representations and certifications, past performance history, civil and criminal settlements, exclusions (such as suspensions or debarments), and contract terminations). As federal agencies continue to think strategically about how to improve processes and reduce risk in their procurements, technology-driven solutions will play a critical role in this undertaking.

Law School News: Rwu Law Remembers Sarah Weddington 12/30/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Proportionality, Constraint, And Culpability, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …

Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law School News: A Place At The Table 2-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.

Housing The Homeless Population During The Covid-19 Pandemic: Governments’ Ethical Responsibility, Amy Holmes

Center for Health Law Policy and Bioethics

COVID-19 took the world by storm in late 2019. Governments acted to ensure that their populations were as protected as possible through stay-at-home orders and the closure of stores, restaurants, and public spaces around the world. Stay-at-home orders work well when citizens have somewhere to stay, but those experiencing homelessness face the almost insurmountable challenge of staying safe and healthy without access to a safe place to stay. COVID-19 has spread rapidly through the homeless population, and as such poses a risk to the population as a whole as the world begins to reopen. Without access to adequate sanitation supplies …

Detecting Mens Rea In The Brain, Owen D. Jones, Read Montague, Gideon Yaffe

Vanderbilt Law School Faculty Publications

What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The MPC assumes, for instance, that there is a real distinction in real people between the mental states it defines as “knowing” and “reckless.” But is there?

If there are such psychological differences, there must also be brain differences. Consequently, the moral legitimacy of the Model Penal Code’s taxonomy of culpable mental states – which punishes those in defined mental states differently – depends on whether those mental states actually correspond to different brain states in the way the MPC categorization …

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

Law Library Newsletters/Blog

No abstract provided.

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

Law Library Newsletters/Blog

No abstract provided.

The Reliable Revisionist, Caitlyn Schaffer

Philosophy: Student Scholarship & Creative Works

The present text explores how the topic of head and heart is much more complicated than one would expect, according to Paul Henne and Walter Sinnot-Armstrong, contributors of Neuroexistentialism. “Does Neuroscience Undermine Morality” aims at figuring out the problem of which moral judgments we can trust, judgments from one’s head (revisionism) or judgments from one’s heart (conservatism). My hypothesis suggests the opposite of the authors, I believe that if you are a revisionist, your first order intuitions are reliable. After setting the framework, I make three main arguments. (A.) If you are able to self-correct then you can identify errors …

Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse

All Faculty Scholarship

Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about …

Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway

Articles

The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries – predominantly very poor – hosting more than half of the world’s refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world’s refugees stuck in “protracted refugee situations” for decades with their lives on hold. Both concerns – the unprincipled allocation of responsibility based on accidents of geography and the desperate need for greater attention to resettlement as a core protection response – cry out for a global, managed system to protect refugees.

Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Second Redemption, Third Reconstruction, Richard A. Primus

Articles

In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection. It was the central theme of both the First and Second Reconstructions. In keeping with that orientation, the picture of disadvantage described by Fiss’s theory of cumulative responsibility is largely drawn from the black/white experience. Important as it is, however, the black/white experience does not exhaust the subject of constitutional equality. So in …

Data-Informed Duties In Ai Development, Frank A. Pasquale

Faculty Scholarship

Law should help direct—and not merely constrain—the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying on faulty data can be required to compensate those harmed by that data use—and should be subject to punitive damages when such use is repeated or willful. Regulatory standards for data collection, analysis, use, and stewardship can inform and complement generalist judges. Such regulation will not only provide guidance to …

'Neurophobia,' A Reply To Patterson, Peter A. Alces

Faculty Publications

No abstract provided.