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Articles 1 - 30 of 61
Full-Text Articles in Law
Equality, Sovereignty, And The Family In Morales-Santana, Kristin Collins
Equality, Sovereignty, And The Family In Morales-Santana, Kristin Collins
Faculty Scholarship
In Sessions v. Morales-Santana, 3 the Supreme Court encountered a body of citizenship law that has long relied on family membership in the construction of the nation’s borders and the composition of the polity.4 The particular statute at issue in the case regulates the transmission of citizenship from American parents to their foreign-born children at birth, a form of citizenship known today as derivative citizenship.5 When those children are born outside marriage, the derivative citizenship statute makes it more difficult for American fathers, as compared with American mothers, to transmit citizenship to their foreign-born children.6 Over …
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Law School Blogs
No abstract provided.
The Pro Bono Collaborative Project Spotlight: Increasing Access To Justice Just Got A Little Easier In Rhode Island 10-05-2017, Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Increasing Access To Justice Just Got A Little Easier In Rhode Island 10-05-2017, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Stein V. United States Of America (U.S. September 15, 2017) (No. 17-250)., Janet Moore
Faculty Articles and Other Publications
Petitioner’s case asks a basic but fundamental question: Will our criminal justice system permit convictions obtained through the knowing use of false testimony, simply because the prosecutor has not also suppressed evidence indicating the testimony was false? The Eleventh Circuit answered this question in the affirmative, but for decades this Court has known a very different justice system, one in which the knowing, uncorrected use of false testimony by the prosecutor could never be countenanced. And for good reason. As this Court has long recognized, the knowing use of false testimony is “as inconsistent with the rudimentary demands of justice …
Courts And Executives, Jeffrey L. Yates, Scott S. Boddery
Courts And Executives, Jeffrey L. Yates, Scott S. Boddery
Political Science Faculty Publications
William Howard Taft was both our twenty-seventh president and the tenth Chief Justice of the U.S. Supreme Court -- the only person to have ever held both high positions in our country. He once famously commented that "presidents may come and go, but the Supreme Court goes on forever" (Pringle 1998). His remark reminds us that presidents serve only four-year terms (and are now limited to two of them), but justices of the Supreme court are appointed for life and leave a legacy of precedent-setting cases after departing the High Court. Of course, presidents also leave a legacy of important …
Supreme Court Term In Review: Ot 2016, Donald Roth
Supreme Court Term In Review: Ot 2016, Donald Roth
Faculty Work Comprehensive List
"Even though the Court is expected to be apolitical, there are many who assume that the judges are beholden to party politics."
Posting about recent major cases before the U.S. Supreme Court from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.
http://inallthings.org/supreme-court-term-in-review-ot-2016/
July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz
July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Trinity Lutheran Church Case Shows There is no Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Byrd V. U.S. (U.S. June 12, 2017) (No. 16- 1371)., Janet Moore
Faculty Articles and Other Publications
More than two centuries after it was ratified, the Fourth Amendment continues to protect the “right of the people to be secure” from “unreasonable searches.” U.S. Const. amend. IV. Modern technological advances and social developments do not render our rights “any less worthy of the protection for which the Founders fought.” Riley v. California, 134 S. Ct. 2473, 2494–95 (2014). This Court plays an essential role in ensuring that the Fourth Amendment retains its vitality as an indispensable safeguard of liberty, even as Americans dramatically change the ways they organize their everyday affairs. This case calls for the Court to …
May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz
May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz
Hallowed Secularism
Blog post, “Putnam versus Scalia“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Supreme Court Institute Annual Report, 2016-2017, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2016-2017, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the U.S. Supreme Court’s October Term (OT) 2016 – corresponding to the 2016-2017 academic year –the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Supreme Court, offered a variety of programs related to the Supreme Court, and continued to integrate the moot court program into the education of Georgetown Law students.
A list of all SCI moot courts held in OT 2016 – arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of observers – follows the narrative portion …
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky
Law School Blogs
No abstract provided.
Foster V. Chatman: A Missed Opportunity For Batson And The Peremptory Challenge, Nancy Marder
Foster V. Chatman: A Missed Opportunity For Batson And The Peremptory Challenge, Nancy Marder
All Faculty Scholarship
In 2016, the United States Supreme Court decided that the prosecutors in Foster v. Chatman exercised race-based peremptory challenges in violation of Batson v. Kentucky. The Court reached the right result, but missed an important opportunity. The Court should have acknowledged that after thirty years of the Batson experiment, it is clear that Batson is unable to stop discriminatory peremptory challenges. Batson is easy to evade, so discriminatory peremptory challenges persist and the harms from them are significant. The Court could try to strengthen Batson in an effort to make it more effective, but in the end the only way …
April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz
April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Judicial-Industrial Complex“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 8, 2017: The Supreme Court And Politics, Bruce Ledewitz
April 8, 2017: The Supreme Court And Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Supreme Court and Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz
April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz
Hallowed Secularism
Blog post, “Friday Op-ed in the Pittsburgh Post-Gazette Concerning Judge Gorsuch and Interpretation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Why Not Limit Neil Gorsuch — And All Supreme Court Justices — To 18-Year Terms?, Lori A. Ringhand, Paul M. Collins Jr.
Why Not Limit Neil Gorsuch — And All Supreme Court Justices — To 18-Year Terms?, Lori A. Ringhand, Paul M. Collins Jr.
Popular Media
Legal scholars and political scientists increasingly question whether life tenure remains a good idea for Supreme Court justices. While scholars disagree about the exact numbers, our Supreme Court justices are serving longer and longer terms; presidents have incentives to choose younger and younger nominees; and the justices themselves appear to delay retirement in the hope of having an ideologically compatible president select their replacements. Moreover, the confirmation process has become increasingly contentious, culminating last year in Senate Republicans refusing to even grant a hearing to President Barack Obama’s nominee, Merrick Garland.
As a result, many scholars propose a shift to …
March 20, 2017: Hypocrisy On Neil Gorsuch, Bruce Ledewitz
March 20, 2017: Hypocrisy On Neil Gorsuch, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hypocrisy on Neil Gorsuch“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Brief Of The National Association Of Criminal Defense Lawyers, Et Al As Amici Curiae Supporting Petitioner, Mcwilliams V. Dunn (U.S. March 6, 2017) (No. 16-5294)., Janet Moore
Faculty Articles and Other Publications
We submit this brief to make three important points. First, Ake itself clearly and unambiguously held as a matter of due process that indigent capital defendants must be provided with independent expert assistance upon a reasonable showing of need. The Court was unanimous on this point and swept aside aging precedent that had held provision of neutral assistance was adequate.
Second, Ake was hardly a revolutionary decision. As the Court noted, many states already provided expert assistance. In the first six years after Ake, numerous states explicitly held independent expert assistance must be provided upon an adequate showing of need. …
Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky
Law School Blogs
No abstract provided.
February 18, 2017: What The Rule Of Law Looks Like, Bruce Ledewitz
February 18, 2017: What The Rule Of Law Looks Like, Bruce Ledewitz
Hallowed Secularism
Blog post, “What the Rule of Law Looks Like“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Political Ripples Ahead For Supreme Court Confirmation, Michael S. Ariens
Political Ripples Ahead For Supreme Court Confirmation, Michael S. Ariens
Faculty Articles
No abstract provided.
Trending @ Rwu Law: Professor Niki Kuckes's Post: 'Disparaging' Trademarks Meet The First Amendment 02-07-2017, Niki Kuckes
Trending @ Rwu Law: Professor Niki Kuckes's Post: 'Disparaging' Trademarks Meet The First Amendment 02-07-2017, Niki Kuckes
Law School Blogs
No abstract provided.
Brief Of The National Association For Public Defense, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (U.S. January 30, 2017) (No. 16-7730)., Janet Moore
Faculty Articles and Other Publications
This case involves federal courts doubling down on the effective denial of counsel to a severely mentally impaired capital habeas petitioner on the eve of his execution, thereby preventing the full and fair litigation of an issue that demands this Court’s attention: the role played by a petitioner’s mental impairment in determining whether equitable tolling applies to the statute of limitations for filing a habeas petition. This Court should grant the petition to address whether the denial of adequate funding in this case constituted a constructive denial of the right to counsel required by the capital representation statute, 18 U.S.C. …
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein
Law School Blogs
No abstract provided.
Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law
Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
January 20, 2017: Welcome, President Trump, Bruce Ledewitz
January 20, 2017: Welcome, President Trump, Bruce Ledewitz
Hallowed Secularism
Blog post, “Welcome, President Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Newroom: Yelnosky: Future Of Public Sector Union 'Dues' 01-14-2017, Roger Williams University School Of Law
Newroom: Yelnosky: Future Of Public Sector Union 'Dues' 01-14-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.