Law Commons^™

Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Feminist Perspectives On Disaster, Pandemics, And Intimate Partner Violence, Margaret Drew

Faculty Publications

The COVID-19 pandemic brought international awareness to the likelihood of increased abuse of those in abusive intimate partner relationships because of the forced confinement with their abusers (Bettinger-Lopez and Bro, A double pandemic: domestic violence in the age of COVID 19, Council on Foreign Relations. https://www.cfr.org/in-brief/double-pandemic-domestic-violence-age-covid-19, 2020). While this awareness was much discussed, assistance to survivors of abuse was limited because survivors often could not reach out for help, nor could advocates wishing to offer assistance safely reach in to advise them (Taub, A new Covid-19 crisis: domestic abuse rises worldwide. https://www.nytimes.com/2020/04/06/world/coronavirus-domestic-violence.html, 2020). The ever-present influence of the …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Michigan Law Review

This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of …

Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.

The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja

Washington and Lee Journal of Civil Rights and Social Justice

This Note analyzes asylum law’s lack of explicit protection for individuals who suffer persecution based on their gender, and the reluctance of immigration courts to grant asylum for claims centered on the applicant’s gender. This Note explores opportunities for relief from removal for gender-based asylum claims under the current framework, namely under the particular social group category of United States immigration law. After analysis under current law, this Note proposes a judicial resolution explicitly recognizing particular social groups such as “women from [country].” Next, a statutory of regulatory amendment is suggested that unequivocally allows for asylum claims on the basis …

Reclaiming Access To Truth In Reproductive Healthcare After National Institute Of Family & Life Advocates V. Becerra, Diane Kee

Michigan Law Review

Crisis Pregnancy Centers (CPCs) are antiabortion organizations that seek to “intercept” people with unintended pregnancies to convince them to forego abortion. It is well documented that CPCs intentionally present themselves as medical professionals even when they lack licensure, while also providing medically inaccurate information on abortion. To combat the blatant deception committed by CPCs, California passed the Reproductive FACT Act in 2015. The Act required CPCs to post notices that disclosed their licensure status and informed potential clients that the state provided subsidized abortion and contraceptives. Soon after, CPCs brought First Amendment challenges to these disclosure requirements, claiming that the …

On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah

Articles

This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment.

Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos

Articles

Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency’s decisions …

Increasing Case Traffic: Expanding The International Criminal Court's Focus On Human Trafficking Cases, Nadia Alhadi

Michigan Journal of International Law

Human trafficking falls within the jurisdictional competence of the International Criminal Court (“ICC”) as one of the article 7 crimes against humanity, whether committed in an atmosphere of conflict or in times of relative peace. Despite the ICC’s jurisdiction, as well as the globally pervasive nature of peacetime trafficking in particular, the ICC has not yet heard a human trafficking case.

Accountability at the international level, however, is crucial, and the ICC’s oversight has the potential to fill gaps in the current anti-trafficking regime. This note explores this potential, and then examines whether the text of the Rome Statute or …

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

Menstrual Policies and the Bar

No abstract provided.

Letter To Texas Board Of Law Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To Kansas Board Of Law Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To Nebraska State Bar Commission, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To State Board Of Law Examiners North Dakota, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To The Office Of The Board Of Bar Examiners Oregon, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

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

Menstrual Policies and the Bar

No abstract provided.

Letter To Office Of Bar Admissions Supreme Court Of South Carolina, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To Wyoming State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To Associate Director Of The Idaho State Bar Exam, Idaho State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To Alabama State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To Executive Director Office Of Professional Programs Arkansas, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Negotiation: Women’S Voices, Morial Shah

Pepperdine Dispute Resolution Law Journal

Gender shapes the way we communicate. Using legal theory, case studies and intercultural analysis, this paper explores the way women’s self-identity interacts with negotiation processes and outcomes. Part I examines social, psychological, cultural and political factors shaping women’s identity, voice and participation in negotiations. Part II explores the way women’s view of themselves impacts their participation in negotiations. Lastly, Part III studies the impact of formal training on gender-based differences in negotiations. Through investigating gender’s impact on negotiations, this paper finds that gender and context interact with negotiation process and outcomes. Through gaining more insight on gender’s context-specific impact, negotiators …

Letter To Department Of Admissions/Exam State Bar Of Montana, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To Mississippi Board Of Bar Admissions, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

Letter To The West Virginia Board Of Law Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

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

Menstrual Policies and the Bar

No abstract provided.