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2015

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Full-Text Articles in Law

Trending @ Rwu Law: 12/29/2015: Dean Yelnosky's Post: Fourteen Weeks, Michael Yelnosky Dec 2015

Trending @ Rwu Law: 12/29/2015: Dean Yelnosky's Post: Fourteen Weeks, Michael Yelnosky

Law School Blogs

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: Why I Tweet Every Day, Michael Yelnosky Dec 2015

Trending @ Rwu Law: Dean Yelnosky's Post: Why I Tweet Every Day, Michael Yelnosky

Law School Blogs

No abstract provided.


Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law Dec 2015

Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Voices Lost And Found: Training Ethical Lawyers For Children, William Kell Dec 2015

Voices Lost And Found: Training Ethical Lawyers For Children, William Kell

William Kell

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997


Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond Dec 2015

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond Dec 2015

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law Dec 2015

Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson Dec 2015

Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson

Law School Blogs

No abstract provided.


Mcdonald Carano Wilson, Llp. V. Bourassa Law Group, 131 Nev. Adv. Op. 90 (December 3, 2015), Patrick Caddick Dec 2015

Mcdonald Carano Wilson, Llp. V. Bourassa Law Group, 131 Nev. Adv. Op. 90 (December 3, 2015), Patrick Caddick

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order. The Court reversed and remanded the district court’s ruling that NRS § 18.015 does not allow an attorney to enforce a charging lien when the attorney withdrew from representation.


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …


December 2015 Newsletter Dec 2015

December 2015 Newsletter

Ergo

No abstract provided.


Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel Dec 2015

Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel

Buffalo Law Review

No abstract provided.


Bragging Rights Restored: The Third Circuit Allows Attorneys To Quote Complimentary Remarks From Judicial Opinions For Advertising In Dwyer V. Cappell, Nicole Holden Dec 2015

Bragging Rights Restored: The Third Circuit Allows Attorneys To Quote Complimentary Remarks From Judicial Opinions For Advertising In Dwyer V. Cappell, Nicole Holden

Villanova Law Review

No abstract provided.


Institutional Triage: Reflections On Being Acquired, Aric K. Short Dec 2015

Institutional Triage: Reflections On Being Acquired, Aric K. Short

Faculty Scholarship

On June 25, 2012, I walked into the dean's office at Texas Wesleyan University School of Law. He and I had been summoned by our university president to a hastily called meeting to discuss the law school's "academic program." Since I helped oversee our academic program as Associate Dean for Academic Affairs at the time, I was not particularly looking forward to the meeting. I assumed there would be bad news of some sort.

Instead, we were told that Texas Wesleyan University ("TWU") and Texas A&M University ("TAMU") were in negotiations that, it was expected, would result in a "strategic …


Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney Dec 2015

Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney

Faculty Scholarship

In 1994, Professor Manuel R. Ramos published a law review article called, Legal Malpractice: The Profession's Dirty Little Secret. As suggested by the title, Professor Ramos argued that legal malpractice was a "taboo subject" that has been "ignored by the legal profession, law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly and lay publications." Thirty years later, legal malpractice is an ever-present threat that lawyers cannot afford to ignore.


The Integrated Law School Curriculum, Adam Lamparello Nov 2015

The Integrated Law School Curriculum, Adam Lamparello

Adam Lamparello

In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …


Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida Nov 2015

Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida

Law School Blogs

No abstract provided.


Newsroom: Practicing Law With Amazon.Com, Roger Williams University School Of Law Nov 2015

Newsroom: Practicing Law With Amazon.Com, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Vol. 49, No. 13 (November 23, 2015) Nov 2015

Vol. 49, No. 13 (November 23, 2015)

Indiana Law Annotated

No abstract provided.


Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio Nov 2015

Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio

Andrea A. Curcio

No abstract provided.


Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham Nov 2015

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Andrea A. Curcio

No abstract provided.


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman Nov 2015

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Andrea A. Curcio

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well as …


A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham Nov 2015

A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham

Clark D. Cunningham

This article offers a new technique for analyzing and evaluating competing interpretations of a legal text and applies that technique to one of the most debated questions of modern constitutional interpretation: the meaning of "searches" in the first clause of the fourth amendment. This Technique is called the "common sense" approach because it begins with a semantic analysis of the text in terms of the sense that the key words have in everyday speech. Such analysis reveals a complex of interlocked concepts that underlies the ability of speakers to recognize meaningful uses of these words. The common sense approach then …


The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham Nov 2015

The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham Nov 2015

Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Should American Law Schools Continue To Graduate Lawyers Whom Clients Consider Worthless?, Clark D. Cunningham Nov 2015

Should American Law Schools Continue To Graduate Lawyers Whom Clients Consider Worthless?, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore Nov 2015

Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore

Clark D. Cunningham

No abstract provided.


Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham Nov 2015

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Dean's Desk: New Wintersession Offers Learning, Networking Opportunities, Austen L. Parrish Nov 2015

Dean's Desk: New Wintersession Offers Learning, Networking Opportunities, Austen L. Parrish

Austen Parrish (2014-2022)

No abstract provided.


Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey Nov 2015

Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey

Russell D. Covey

The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …