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Full-Text Articles in Law

Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law Apr 2024

Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.


Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law Jan 2024

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.


Sexual Assault Of Women And Adolescent Girls With Mental Disabilities, Janine Benedet, Isabel Grant Jun 2023

Sexual Assault Of Women And Adolescent Girls With Mental Disabilities, Janine Benedet, Isabel Grant

All Faculty Publications

This Report considers the research that addresses the sexual assault of women (age 18+) and adolescent girls (12-17) with mental disabilities (disabilities that affect cognition and decision-making, including intellectual disabilities present from birth, dementia, brain injury and certain psychiatric conditions.) These victims are targeted for sexual violence at rates even higher than for women generally. Yet when these women report abuse to authorities, the criminal trial process struggles to provide them with justice, while the consequences of disclosure can be severe and participation in the criminal justice process particularly traumatizing for them.


From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason, Todd C. Peppers Apr 2023

From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason, Todd C. Peppers

Scholarly Articles

Lyria was one of a small handful of women who graduated from a Louisiana law school in the 1930’s. Despite the employment barriers facing female attorneys, she went on to become one of the first female law clerks in both the federal and state judiciary. To date, Lyria’s story has not been told. I have recently discovered, however, that Lyria’s children and grandchildren preserved her letters to her family. They are a treasure trove of information about a woman whose career took her from rural Louisiana to Louisiana’s highest court as well as the post-war ruins of Nazi Germany. The …


Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues Apr 2023

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.


Privacy: Pre- And Post-Dobbs, Rona Kaufman Apr 2023

Privacy: Pre- And Post-Dobbs, Rona Kaufman

Law Faculty Publications

The United States Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to include a fundamental right to familial privacy. The exact contours of that right were developed by the Court from 1923 until 2015. In 2022, with its decision in Dobbs v. Jackson Women’s Health, the Supreme Court abruptly changed course and held that the right to terminate a pregnancy is no longer part of the right to privacy previously recognized by the Court. This essay seeks to place Dobbs in the context of the Court’s family privacy cases in an effort to understand the Court’s …


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

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

Law Library Newsletters/Blog

No abstract provided.


2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law Mar 2023

2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Originalism: Erasing Women From The Body Politic, Malinda L. Seymore Feb 2023

Originalism: Erasing Women From The Body Politic, Malinda L. Seymore

Faculty Scholarship

In Dobbs v. Jackson Women's Health, the Court relied on originalism to excise women from the Constitution. Originalism is purposefully backward-looking. With cherry-picked history, the Court created a future that looks to the past: a past where unwed pregnancy is shameful and can be redeemed only by secret adoption. Yet the case has revealed originalism as a flawed method, harmed the legitimacy of the Court, and energized those supporting abortion rights.


Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin Jul 2022

Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin

Menstrual Policies and the Bar

No abstract provided.


The Link Between Voting Rights And The Abortion Ruling, Katherine A. Shaw, Leah Litman, Melissa Murray Jun 2022

The Link Between Voting Rights And The Abortion Ruling, Katherine A. Shaw, Leah Litman, Melissa Murray

Online Publications

The Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization gives states the maximum amount of freedom to restrict abortion. The decision is so sweeping that, under its logic, states could ban abortion even in cases of rape or incest; they may even be able — as the dissent notes — to prohibit abortions in circumstances in which a doctor believes the procedure is necessary to preserve the life or health of the pregnant person.


Bankruptcy As Social Safety Net, Pamela Foohey Jun 2022

Bankruptcy As Social Safety Net, Pamela Foohey

Online Publications

One in ten Americans have filed bankruptcy at some point during their adult lives. Contrary to the pronouncements of some politicians, these filings do not reflect a series of personal failures and should not be understood as failures of character. Indeed, most of the people who file bankruptcy struggle for years to pay their debts before turning to bankruptcy law and courts for help. And most of the people who file say that they felt shame upon filing. Instead, the bankruptcy filings of millions and millions of people reflect systematic policy choices over the past forty years that have left …


Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian May 2022

Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian

Articles in Law Reviews & Other Academic Journals

The Supreme Court appears poised to overrule fifty years of precedent holding that pre-viability prohibitions on abortion are unconstitutional. In a leaked draft opinion of Dobbs v. Jackson Women Health Organization, Justice Alito proclaims that Roe v. Wade and Planned Parenthood v. Casey must be overruled and abortion left to the states to regulate. During oral argument in Dobbs, Justice Kavanaugh suggested that overturning Roe would return the Court to a postion of "neutrality" on abortion. Justice Kavanaugh's assertion falls in line with claims by anti-abortion jurists that reversing Roe would simplify abortion law by returning the issue to the …


Dobbs V. Jackson Women's Health Organization And The Likely End Of The Roe V. Wade Era, Jeffrey Hannan Apr 2022

Dobbs V. Jackson Women's Health Organization And The Likely End Of The Roe V. Wade Era, Jeffrey Hannan

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Sy-Stem-Ic Bias: An Exploration Of Gender And Race Representation On University Patents, Jordana Goodman Apr 2022

Sy-Stem-Ic Bias: An Exploration Of Gender And Race Representation On University Patents, Jordana Goodman

Faculty Scholarship

People of color and women are underrepresented in science, technology, engineering and math (“STEM”) fields in the United States. Through both intentional and unintentional structural barriers, universities continue to lose valuable intellectual resources by perpetuating a lack of gender, racial, and ethnic diversity as people climb the academic ladder. Identifying racial and gender disparities between university campus populations and their patent representation quantifies the qualitatively observed systemic racism and sexism plaguing STEM. Although many have written about racial and gender underrepresentation in STEM, no author has ever endeavored to simultaneously quantify the racial and gender gap at universities in the …


Law School News: Meet The Rbg Essay Contest Winners! 03-22-2022, Michael M. Bowden Mar 2022

Law School News: Meet The Rbg Essay Contest Winners! 03-22-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Uprooting Roe, B. Jessie Hill, Mae Kuykendall Jan 2022

Uprooting Roe, B. Jessie Hill, Mae Kuykendall

Faculty Publications

The U.S. Supreme Court is likely poised to overturn Roe v. Wade in a matter of months. Yet, the roots of Roe run both wide and deep, and to uproot Roe would be to uproot the Constitution’s promise of gender equality in a radical way. Just as the Supreme Court’s jurisprudence of reproductive liberty freed people with reproductive capacity from having their destinies and status tied to their biology, an uprooting of Roe and its companion principles will restore the iron rules of gender difference and return women to their common-law status as lacking self-ownership and equal citizenship.


Miscarriage Of Justice: Early Pregnancy Loss And The Limits Of U.S. Employment Law, Laura T. Kessler Jan 2022

Miscarriage Of Justice: Early Pregnancy Loss And The Limits Of U.S. Employment Law, Laura T. Kessler

Utah Law Faculty Scholarship

This Article explores judicial responses to miscarriage under federal employment law in the United States. Miscarriage is an incredibly common experience. Of confirmed pregnancies, about fifteen percent will end in miscarriage; almost half of all women who have given birth have suffered a miscarriage. Yet this experience slips through the cracks of every major federal employment law in the United States.

The Pregnancy Discrimination Act of 1978, for example, defines sex discrimination to include discrimination on the basis of pregnancy, childbirth, or related medical conditions. The Family and Medical Leave Act of 1993 requires covered employers to provide employees with …


Women, Peace, And Security: A Human Rights Agenda?, Christine M. Chinkin Jan 2022

Women, Peace, And Security: A Human Rights Agenda?, Christine M. Chinkin

Book Chapters

The Women, Peace and Security (WPS) agenda emanates from the ground-breaking Security Council Resolution 1325 (2000) which centres upon bringing women’s experiences of armed conflict into decision and policymaking in the exercise of the Council’s primary responsibility for the maintenance of international peace and security. The chapter asks whether, despite its location within the Security Council, WPS can be understood as an international human rights agenda as envisaged by women activists who lobbied for the adoption of Resolution 1325. It traces the antecedents of WPS through women’s peace and human rights activism throughout the twentieth century. It examines the texts …


Women’S Human Right To Healthcare Senior Project, Madison Rosol Dec 2021

Women’S Human Right To Healthcare Senior Project, Madison Rosol

Honors Projects

Healthcare is denied to people around the world and women experience this human rights violation more often than men (Ewerling et al., 2018). This study was designed to investigate whether this is more evident in certain systems of healthcare by conducting a cross-sectional survey of people in the United States, the Dominican Republic, and Canada. These countries were selected because each of them has a unique healthcare system. The responses from the survey were analyzed and coded for common themes and converted to quantitative data. From this data, it was concluded that Canada rated the worst in healthcare overall but …


Letter To Washington State Bar Association, Legislation/Civil Rights Clinic Nov 2021

Letter To Washington State Bar Association, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Vermont Board Of Bar Examiners, Legislation/Civil Rights Clinic Nov 2021

Letter To Vermont Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Utah State Bar, Legislation/Civil Rights Clinic Nov 2021

Letter To Utah State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Virginia Board Of Bar Examiners, Legislation/Civil Rights Clinic Nov 2021

Letter To Virginia Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Committee Of Bar Examiners, Supreme Court Of The Virgin Islands, Legislation/Civil Rights Clinic Nov 2021

Letter To Committee Of Bar Examiners, Supreme Court Of The Virgin Islands, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic Nov 2021

Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Wisconsin Board Of Bar Examiners, Legislation/Civil Rights Clinic Nov 2021

Letter To Wisconsin Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Administrator For Attorney Services Division, Nebraska Supreme Court, Legislation/Civil Rights Clinic Nov 2021

Letter To Administrator For Attorney Services Division, Nebraska Supreme Court, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To New Jersey Board Of Bar Examiners, Legislation/Civil Rights Clinic Nov 2021

Letter To New Jersey Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To New Hampshire Supreme Court, Office Of Bar Admissions, Legislation/Civil Rights Clinic Nov 2021

Letter To New Hampshire Supreme Court, Office Of Bar Admissions, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.