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Articles 11311 - 11340 of 13582
Full-Text Articles in Law
The Nonprofit Commercial Enterprise: A Vehicle For Foreign Investment, Alexander Weinman
The Nonprofit Commercial Enterprise: A Vehicle For Foreign Investment, Alexander Weinman
NYLS Law Review
No abstract provided.
State V. Hill, Nazariy Gavrysh
The Fine Print, Winter (January) 2018, University Of South Carolina School Of Law
The Fine Print, Winter (January) 2018, University Of South Carolina School Of Law
Law School Alumni Magazines
No abstract provided.
Do Courts Require A Heightened, Intent Standard For Students' Section 504 And Ada Claims Against School Districts, Perry A. Zirkel
Do Courts Require A Heightened, Intent Standard For Students' Section 504 And Ada Claims Against School Districts, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
The Paradoxes Of Law Reform Litigation, Dean Hill Rivkin
The Paradoxes Of Law Reform Litigation, Dean Hill Rivkin
The Journal of Law and Education
No abstract provided.
A Citizenship Market, Kit Johnson
A Citizenship Market, Kit Johnson
Faculty Articles
Imagine a global marketplace in which private citizens could freely swap their citizenship. Participants might agree on a pure one-for-one trade or a swap with a cash payment on one side of the deal. What might the implications of such a citizenship market be? This Article explores the possibilities in terms of individual rights and economic efficiency. The United States already comes close to selling citizenship—by prioritizing investors who bring capital with them and by pursuing reforms to quantify would-be migrants’ potential economic contributions. Other governments go further, issuing a passport in return for a cash payment. Yet these government-directed …
Originalism And Indians, M. Alexander Pearl
Originalism And Indians, M. Alexander Pearl
Faculty Articles
Indian tribes, in the context of US. constitutional theory, do not fit. They are an anomaly in American governmental structure. Tribal governments exist today within the constitutional framework of the United States only by virtue of acrobatic displays of rhetorical legal reasoning and mythologized interpretations of history. Originalist theory can provide a clear exit from the inconsistencies and inaccuracies underlying the foundation of federal Indian law. Typically, scholars embracing an originalist position are thought of as conservative. A conservative position is typically associated with opposition to tribal sovereignty. In contrast to those traditional views, I argue that an originalist view …
Hands On The Wheel: A Call For Greater Regulation Of Semi-Autonomous Cars, Tracy Hresko Pearl
Hands On The Wheel: A Call For Greater Regulation Of Semi-Autonomous Cars, Tracy Hresko Pearl
Faculty Articles
The United States is in the midst of a driverless car revolution. Semi-autonomous cars — those that can steer, accelerate, and brake on their own under certain circumstances — are already available to consumers. Fully autonomous cars will be available within the decade. The federal government and states throughout the nation have responded to these developments by rushing to pass laws designed to regulate the fully autonomous cars that are coming while largely ignoring the semi-autonomous cars that are already on U.S. roads. This is an extremely troubling oversight. New studies suggest that semi-autonomous vehicles are likely far more dangerous …
Measuring Law School Clinics, Colleen Shanahan, Jeffrey Selbin, Alyx Mark, Anna Carpenter
Measuring Law School Clinics, Colleen Shanahan, Jeffrey Selbin, Alyx Mark, Anna Carpenter
Faculty Articles
Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet. Though we have these laudable teaching and service goals — and a vast literature describing the role of clinics in both the teaching and service dimensions — we have …
Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang Ngov
Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang Ngov
Faculty Articles
No abstract provided.
Fourth Amendment Anxiety, Kiel Brennan-Marquez, Stephen E. Henderson
Fourth Amendment Anxiety, Kiel Brennan-Marquez, Stephen E. Henderson
Faculty Articles
In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted. This change is significant. While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing. Beyond offering a careful reading of Birchfield, this Article has two goals. First, …
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
Faculty Articles
As with most new things, the big data revolution in criminal justice has historic antecedents—indeed, a 1965 Presidential Commission called for some of the same data analysis that police departments and courts are today developing and implementing. But there is no doubt we are on the precipice of a criminal justice data revolution, and it is a good time to take stock and to begin developing guidelines so that, as much as possible, criminal justice systems might reap the benefits and avoid the pitfalls of this newly data-centric world. In that spirit, I propose ten high-level rules to guide criminal …
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph Schremmer
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph Schremmer
Faculty Articles
This Article argues that the Commission's legitimate interest in enforcing its oil and gas regulations, especially including well-plugging regulations, does not justify absolute imputation of regulatory liability to third-party operators under Kan. Stat. Ann. § 55-155(c)(4). But, under certain circumstances, the state's interest may justify imputing personal liability on the individual constituents of a license applicant where the individual is culpable for the underlying regulatory violation or the applicant has a business connection with the operator primarily responsible for the violation, and the competing public policies of groundwater protection and limited liability justify the imputation. This Article proposes a procedural …
The Clash Of Procedural Values, Roger Michalski
The Clash Of Procedural Values, Roger Michalski
Faculty Articles
Should civil litigation be fast, inexpensive or accurate? When these goals clash, which one should prevail? These questions are the subject of countless court opinions, policy arguments, academic debates, and civil procedure exams. Yet discussion of procedural values to date has taken place in the dark, lacking vital information about which procedural values matter to actual litigants. This Article fills that void with empirical analysis. It analyzes an original dataset based on 1200 surveys mailed to a broad range of litigants and judges asking for their views on procedural values. It interprets survey responses by introducing to legal scholarship a …
Bold Executive Action And False Equivalence, Stephen H. Legomsky
Bold Executive Action And False Equivalence, Stephen H. Legomsky
Roger Williams University Law Review
No abstract provided.
To Apply Or Not To Apply? That Is The Question Of Intergovernmental Zoning, Jillian M. Nobis
To Apply Or Not To Apply? That Is The Question Of Intergovernmental Zoning, Jillian M. Nobis
Roger Williams University Law Review
No abstract provided.
Physician-Assisted Death With Dignity: Expanding Palliative Care In Rhode Island, Camille Caron Capraro
Physician-Assisted Death With Dignity: Expanding Palliative Care In Rhode Island, Camille Caron Capraro
Roger Williams University Law Review
No abstract provided.
Rhode Island's Voluntary Restructuring Of Solvent Insurers Law And Similar Efforts In Other States, Matthew Gendron, Esq.
Rhode Island's Voluntary Restructuring Of Solvent Insurers Law And Similar Efforts In Other States, Matthew Gendron, Esq.
Roger Williams University Law Review
No abstract provided.
Borders, Bans, And Courts In The European Union, Maryellen Fullerton
Borders, Bans, And Courts In The European Union, Maryellen Fullerton
Roger Williams University Law Review
No abstract provided.
Paying The Price: Eliminating Life Without Parole Sentences For Juveniles In Rhode Island, Mackenzie Mcburney
Paying The Price: Eliminating Life Without Parole Sentences For Juveniles In Rhode Island, Mackenzie Mcburney
Roger Williams University Law Review
No abstract provided.
Computerized Takedowns: A Balanced Approach To Protect Fair Uses And The Rights Of Copyright Owners, Steven M. Davis
Computerized Takedowns: A Balanced Approach To Protect Fair Uses And The Rights Of Copyright Owners, Steven M. Davis
Roger Williams University Law Review
No abstract provided.
2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note
2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note
Roger Williams University Law Review
No abstract provided.
Vol. 23: No. 1 (Winter 2018) Masthead
Vol. 23: No. 1 (Winter 2018) Masthead
Roger Williams University Law Review
No abstract provided.
The Domestic Establishment Clause, Josh Blackman
The Domestic Establishment Clause, Josh Blackman
Roger Williams University Law Review
No abstract provided.
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
Roger Williams University Law Review
No abstract provided.
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Law Faculty Scholarship
No abstract provided.
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
Law Faculty Scholarship
No abstract provided.
Deconstructing Sanctuary Cities: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies
Deconstructing Sanctuary Cities: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Klan's Constitution, Jared Goldstein
The Klan's Constitution, Jared Goldstein
Law Faculty Scholarship
No abstract provided.