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Articles 1 - 30 of 106
Full-Text Articles in Law
Martin's March, David B. Oppenheimer
Martin's March, David B. Oppenheimer
David B Oppenheimer
Discusses the significance of the 1964 Civil Rights Act. Role of Martin Luther King Jr. in desegregation demonstrations; Historical overview of the passage of the 1964 Civil Rights Act. INSET: More to be done..
Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer
Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer
David B Oppenheimer
In 1968, in the days following King's assassination, Congress passed the Fair Housing Act, prohibiting most housing discrimination based on race, color, religion, or national origin. [...] later that same year, the Supreme Court found that the long-dormant 1866 and 1867 Civil Rights Acts, prohibiting private racial discrimination, which had been ignored since the end of Reconstruction, remained valid. Since 1968, Congress has passed several laws intended to broaden federal civil rights, either to include more groups or, with increasing frequency, simply to reverse Supreme Court decisions.\n (California's statute applies to employers of five or more employees and prohibits harassment …
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez
Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez
University of Miami Business Law Review
That the United States has long had a strained relationship with Cuba is no secret to the international community. Most recently, this strain has been embodied in a commercial, economic and financial embargo that has been enforced by the United States since 1962. That said, focusing only on this limited stretch of history would ignore the greater context of American–Cuban relations. This paper takes a step back to conduct a historical analysis, examine the current state of relations, and to posit on the potential of future economic ties between the two nations. After a thorough examination, an overarching question emerges: …
Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell
Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell
Peter Menell
Drawing on Justice Brandeis's oft-cited observation that states can serve as 'laboratories" of policy experimentation, this Article develops a framework for assessing the allocation of governance authority for regulating Internet activities. In particular, it focuses on whether states should be free to experiment with regulatory approaches or whether the federal government should have principal, if not exclusive (preemptive), regulatory authority over Internet-related activities. Using recent efforts to regulate spyware and adware as a case study, the analysis shows that the lack of harmonization of and uncertainty surrounding, state unfair competition law produces costly, confusing, multi-district litigation and pushes enterprises to …
A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo
A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo
Laurent Mayali
This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist groups before …
Justice Scalia's Other Standing Legacy, Tara Leigh Grove
Justice Scalia's Other Standing Legacy, Tara Leigh Grove
Faculty Publications
No abstract provided.
Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly
Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly
Kim Diana Connolly
This Essay explores the use of interdisciplinary law school classes as a fundamental way to connect law students with future colleagues who are receiving different professional training, as well as with concepts related to but outside of traditional doctrinal law. While these classes offer rich learning opportunities, their design and implementation present a host of different issues. Part I of this Essay briefly explores the history and range of interdisciplinary class opportunities, looking both outside and within the law school context. Part II provides an overview of the benefits and barriers to successful interdisciplinary law school courses. Part III offers …
Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez
Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez
Ian F. Haney-López
Discusses issues related to race relations in the United States using the `Hernandez v. Texas' case. Social constructionist understanding of Latino racial identity; Salience of race in Latino identity; Extent of Latino racialization; Question of the language of race's appropriateness.
Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs
Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs
Law School Blogs
No abstract provided.
Healthcare And Its Impact On Nurses: The United States Vs. The United Kingdom, Alexandria Colovos
Healthcare And Its Impact On Nurses: The United States Vs. The United Kingdom, Alexandria Colovos
Mahurin Honors College Capstone Experience/Thesis Projects
Currently, in the United States, the topic of healthcare reform is in the back of everyone’s mind. What will come of our healthcare system? Will the cost of healthcare decrease? Will patients have better access to care? With this Capstone Experience/Thesis, I wanted to explore the differences between the current healthcare system that we have in the United States, to the nearly seventy-year-old National Health Service (NHS) in the United Kingdom, which provides healthcare to all. The NHS is free at the point of care and is funded by taxation. To understand if such a system would work in the …
Creative Communities And Intellectual Property Law, Laura A. Heymann
Creative Communities And Intellectual Property Law, Laura A. Heymann
Popular Media
No abstract provided.
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Deterrence & Security Assistance: The South China Sea, Tommy Ross
Deterrence & Security Assistance: The South China Sea, Tommy Ross
The US Army War College Quarterly: Parameters
This article identifies how the United States can apply security assistance to support regional security in the South China Sea in order to counter China’s assertive expansion strategy.
The Legal Regulation Of U.S. Crowdfunding: An Organically Evolving Patchwork, Joan Macleod Heminway
The Legal Regulation Of U.S. Crowdfunding: An Organically Evolving Patchwork, Joan Macleod Heminway
Scholarly Works
The legal regulation of crowdfunding in the United States is neither well calibrated nor holistic. With the exception of specific securities regulation legislation, the regulation of crowdfunding under U.S. law exists as an extension of principles of pre-existing regulation to a specific new and continually changing Internet-based financing space. As a result, while some common consumer protection objectives can be identified, the legal regulatory approach to crowdfunding did not develop through deliberate, rational choice based on coherent public policy objectives. Instead, it arose and evolved by necessity in response to the spontaneous and natural origination and development of crowdfunding as …
Do Women Justices Matter?, Ashley Shula
Do Women Justices Matter?, Ashley Shula
The Eastern Illinois University Political Science Review
In recent years, women have started to have a considerable impact on the political process. While literature exists on women in Congress and in district court settings, little research exists on the role played by female Supreme Court Justices. The author attempts to shed light on the impact of female justices by assessing statements made by the justices, in addition to their voting records. The author finds that the new women Supreme Court Justices have had little impact so far, but offers that perhaps as time goes on, this will change.
A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington
A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington
The Eastern Illinois University Political Science Review
For decades, political scientists have and continue to theorize about influences on presidential decision-making and policy implementation. Faith and religious analysis however, remain relatively new to the study of presidential politics. This particular research examines two Republican presidents, both Ronald Reagan and George W. Bush, that had vastly different ideas about how to combat nations whose policies limited freedom and liberty.
In Defense Of Judicial Supremacy, Erwin Chemerinsky
In Defense Of Judicial Supremacy, Erwin Chemerinsky
Erwin Chemerinsky
“Judicial supremacy” is the idea that the Supreme Court should be viewed as the authoritative interpreter of the Constitution and that we should deem its decisions as binding on the other branches and levels of government, until and unless constitutional amendment or subsequent decision overrules them. This is desirable because we want to have an authoritative interpreter of the Constitution and the Court is best suited to play this role. Under this view, doctrines which keep federal courts from enforcing constitutional provisions—such as denying standing for generalized grievances, the political question doctrine, and the state secrets doctrine—are misguided and should …
Reflections On Firearms And The Criminal Law, Franklin E. Zimring
Reflections On Firearms And The Criminal Law, Franklin E. Zimring
Franklin E. Zimring
The article presents the author's opinion on firearms and violence. Firearms and firearms control have never been an important issue in criminal law scholarship, even though firearms are used in many violent crimes and the criminal law is the principal mechanism used to regulate gun ownership and use in the U.S. Concern about violence and its control is the major reason for interest in firearms and firearms control, but what is not so clear is why a focus on violence emerged in the 1990s. The homicide rate in the U.S. doubled betweem 1964 and 1974 and has been fluctuating around …
Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
United States Drone Laws, Jacob Crittenden
United States Drone Laws, Jacob Crittenden
Student Works
The purpose of this Directed Study was to investigate and compile the drone laws that exist within the United States, both on the federal level and for each individual state. The federal laws are directed by the Federal Aviation Administration (FAA) under laws that pertain to “Unmanned Aircraft Systems” (UAS) and are relatively new. Most states have further regulations on UAS that they have passed. Most of these laws are in place to protect public safety and privacy, but some also prohibit certain locations of flight and certain modifications that might be made to the platform. State laws that limit …
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Dickinson Law Review (2017-Present)
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
Dickinson Law Review (2017-Present)
No abstract provided.
Commercial Arbitration: Germany And The United States, Jill I. Gross, Christian Duve
Commercial Arbitration: Germany And The United States, Jill I. Gross, Christian Duve
Elisabeth Haub School of Law Faculty Publications
Arbitration has deep roots in the legal cultures of the United States and Germany--and is still an important option for resolving disputes in both countries today. As far back as Colonial times, US merchants used arbitration to settle industry disputes, and in the early 19th century, American stockbrokers resolved intra-industry disputes through arbitration at the New York Stock Exchange. In Germany, a country with a civil law rather than a common law tradition, commercial arbitration has been practiced for centuries: the first draft of the German Code of Civil Procedure from 1877 included a section establishing the legal foundations of …
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
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 …
Immigrants Benefit The Community And Economy, Jenny Minier
Immigrants Benefit The Community And Economy, Jenny Minier
Center for Equality and Social Justice Position Papers
Immigration has historically been a defining characteristic of the United States, and it remains one of the country’s most significant economic advantages. Deferred Action for Childhood Arrivals (DACA) was implemented by President Obama to grant temporary legal status to undocumented immigrants who were brought to the U.S. as children, as long as they are enrolled in school or working. Given President Trump’s recent comments about ending the DACA program, Congress must work on a policy solution that will allow the nearly 800,000 “Dreamers” currently enrolled in DACA to remain legally in the U.S. There are both moral and economic reasons …
Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil
Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil
Dignity: A Journal of Analysis of Exploitation and Violence
This article provides a review and analysis of United States v. Jungers and United States v. Bonestroo, important court cases providing precedent for charging buyers of sex as traffickers in cases involving minors. The decisions in these court cases, and in subsequent cases, further solidify the presence of end-demand efforts in the form of prosecution. Yet, the decisions in these cases raise additional questions about their implications for state-level prosecution, the prosecution of buyers in cases involving adults who experience sex trafficking, and the buyers of trafficked labor. Drawing from an analysis of relevant cases, this article analyzes the …
Comparative Defamation Law: England And The United States, Vincent R. Johnson
Comparative Defamation Law: England And The United States, Vincent R. Johnson
University of Miami International and Comparative Law Review
No abstract provided.
The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales
The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales
University of Miami International and Comparative Law Review
No abstract provided.