Law Commons^™

In The Beginning: Foundations Of A Successful Deanship, Neil Fulton

Lincoln Memorial University Law Review Archive

The job of a modern law school dean is demanding and complex. Decanal tenures are increasingly short. Those who take on the work of being a law school dean are asked to accomplish a great deal in a short period of time. As a result, the first year of any decanal tenure is vital. The lessons of experience learned by many deans and foundational ideas of leadership scholars provide guideposts for new deans to chart a course through their first year. This essay explores those ideas for new deans to consider and implement in their own way.

Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A Breath Of Fresh Air: A Constitutional Amendment Legalizing Marijuana Through An Article V Convention Of The States, Ryan C. Griffith, Esq.

University of Massachusetts Law Review

Criminal enforcement of anti-marijuana laws by the United States federal government has been non-sensical for more than twenty years. Culminating, ultimately, in an anomaly within American jurisprudence when California legalized marijuana in 1996 in direct violation of federal law, yet the federal government did little to stop it. Since then, a majority of states have followed California and legalized marijuana. Currently, thirty-six states and the District of Columbia have legalized medical marijuana despite federal law. Every year billions of dollars are spent on the federal enforcement of anti-marijuana laws while states collect billions in tax revenue from marijuana sales. Even …

Roger Williams University School Of Law Commencement, May 21, 2021, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff

Educational Administration: Theses, Dissertations, and Student Research

#MeToo. It’s On Us. End Rape on Campus. #BeTheSwede. Dear UNL. These phrases have united people all over the world to use their voices and speak out about sexual violence. In higher education, these statements empower students to make their voices heard, and simultaneously invoke fear in campus administrators who do not want to be held accountable for the mishandling/lack of Title IX cases. Student survivor activism groups, the subject of this study, have formed at universities around the country and often use similar statements to advocate for changes they feel need to happen. Finding no previous research, it is …

Legal System For Settlement Of Financial Equipment In Administration Contracts Under Algerian Ublie Bargains Law Of 1991, Revised- النظام القانوني لدفع المقابل المالي في العقد الإداري

UAEU Law Journal

The researcher extensively details in Chapter I the right to receive financial equivalent in administrative contracts pointing to its origin and legal nature. In Chapter II he talks about the Admin. liability to comply with due dates, the possibility of activating its contractual obligations, demonstrating the Algerian 1991 public transactions law stipulations in comparison with French & Egyptian laws, indicating similarities & contradictions.

The researcher ended his research with his conclusion. & comments on the above - mentioned law.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

The Application Of Disciplinary Punishment And It's Legal Justification, Aa'ad Hamoud Al Qaisi

UAEU Law Journal

This research paper deals with the authority extent the administration has in disciplinary punishment, and the role of the Punishment Council, as a surveillance body, in establishing legaljustification behind punitive judgment. It is by ipso jure that the responsibility of carrying out disciplinary punishment lies upon the administration which is directly linked to the party which committed the violation. On the other hand, the Punishment Council holds an authoritative position only in terms of evaluating the graveness of the contravention and providing legaljustification for the punishment; otherwise, the act of punishment itself is the responsibility of the administration.

In this …

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Rationale For The Executive Authority To Resort To The Judiciary, Mohamed Farouk Mohammed

UAEU Law Journal

Selecting the state for direct execution is not free from restrictions, as it is imagined; disobeying to every limit, but it has conditions and restrictions the executive power must fulfill before selecting this approach, the executive power recognized this matter recently, so it began to waive practicing this direct execution for condition it estimated in the light of general interest preferring resorting to jurisdiction firstly in spite of bad sense of some police administration that foreign from this field of law supremacy due to effects of this practice.

The administration may refuse resorting to administrative methods to exigent its right …

The Balance Between The Individual's Right To Property And The Requirements Of The Administration In The Provision Of Public Service: A Comparative Study, Mohamed Hamly

UAEU Law Journal

In order to exercise its functions efficiently, the public administration possesses several areas of expertise, among them is the expropriation for the reason of public utility. It represents a major danger to the right of private property; it has been surrounded by several arrangements; included in the law n° 91-11, and put in execution by the decree ministerial n° 93-186, in order to establish a balance between the individual's right to the private property and the requirements of the public service. Indeed, the above stated legal texts could regulate many operations of expropriation during one decade and half. Nevertheless; their …

Implementing Judicial Rulings Issued Against The Administrative Authority In The Kingdom Of Saudi Arabia In Light Of Islamic Law And Positive Law, Dr. Sameh Abdullah Mohammed

UAEU Law Journal

The Justice is the way of human beings to happiness, tranquility and safety, the individuals turn to judicature to exclude the injustice that sometimes may happens to them by the administration, and may go on the case of what is said that access to the ruling and then implementation is the last step in a long dispute between individuals and management before the judiciary, Individuals in the end execute the judgment. The purpose of the research is to clarify the means that the administration can use to prevent the execution of the judgments issued against it, to identify the reasons …

The Misguided On-Off Theory Of Congressional Authority, Steven D. Schwinn

Chicago-Kent Law Review

No abstract provided.

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Covid-19, Doctors, And The “Realities Of Prison Administration” Part I: The Realities Of A Subject Matter Expert, Fred Rottnek

Saint Louis University Journal of Health Law & Policy

COVID-19 is still novel. As scientists continue racing to characterize the virus and its mutations, promote behavioral change, and optimize treatment and vaccination strategies, public policy makers shift their attention from one high priority population to the next. These spotlights have converged on one truism of the pandemic: COVID-19 infection, and all its sequelae, have magnified long-established social and structural inequities in U.S. institutions—including practices in jails, prisons, and detention facilities. While these facilities were recognized as early incubators of the virus, the response of the facility administrators and local leaders were at best uneven and at worst nonexistent. When …

Covid-19, Courts, And The “Realities Of Prison Administration” Part Ii: The Realities Of Litigation, Chad Flanders

Saint Louis University Journal of Health Law & Policy

Lawsuits challenging prisons and jails for not doing enough to stop the spread of COVID-19 among inmates have faced mixed results in the courts: wins at the district court level are almost always followed by losses (in the form of stays of any orders to improve conditions) at the appeals court level or at the Supreme Court. This short Article tries to explain why this is happening and makes three comparisons between how district courts and appeals courts have analyzed these lawsuits. First, district courts and appeals courts tend to emphasize different facts in their decisions. District courts focus more …

Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Human Rights And Disinformation Under The Trump Administration: The Commission On Unalienable Rights, Robert C. Blitt

Saint Louis University Law Journal

The former administration of Donald J. Trump shattered norms governing the responsibility to relay accurate, truthful information to the public. Whether regarding trivialities or vital issues of the day, the “Trump Doctrine” unleashed a global torrent of damaging misinformation and disinformation. This penchant for falsehood and distortion did not spare U.S. human rights policy. The administration’s decision to establish a Commission on Unalienable Rights (COUR) represented a high-water mark in its campaign to subvert international human rights norms.

After introducing key concepts relating to misinformation and disinformation, this article reviews the establishment of the COUR and the substance of its …

Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris

Journal Articles

The U.S. asylum system has endured four years of systematic attack. The Trump Administration attempted to dismantle the United States’ system to protect asylum seekers through changes to case law, executive orders, presidential proclamations, internal agency guidance and sweeping regulatory changes, among other measures. The system largely ground to a halt after the Trump Administration co-opted the coronavirus public health crisis to effectively close the southern border to asylum seekers with its March 2020 Centers for Disease Control order. This catastrophic order was not even the last in a long line of the Trump Administration’s efforts since assuming power to …

Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger

Faculty Scholarship

Written as our contribution to a festschrift for the noted Italian administrative law scholar Marco D’Alberti, this essay addresses transition between Presidents Trump and Biden, in the context of political power transitions in the United States more generally. Although the Trump-Biden transition was marked by extraordinary behaviors and events, we thought even the transition’s mundane elements might prove interesting to those for whom transitions occur in a parliamentary context. There, succession can happen quickly once an election’s results are known, and happens with the new political government immediately formed and in office. The layer of a new administration’s political leadership …

The Uncertain Future Of Administrative Law, Jeremy K. Kessler, Charles F. Sabel

Faculty Scholarship

A volatile series of presidential transitions has only intensified the century-long conflict between progressive defenders and conservative critics of the administrative state. Yet neither side has adequately confronted the fact that the growth of uncertainty and the corresponding spread of guidance – a kind of provisional “rule” that invites its own revision – mark a break in the development of the administrative state as significant as the rise of notice-and-comment rulemaking in the 1960s and 1970s. Whereas rulemaking corrected social shortsightedness by enlisting science in the service of lawful administration, guidance acknowledges that both science and law are in need …

Delegation, Administration, And Improvisation, Kevin Arlyck

Georgetown Law Faculty Publications and Other Works

Nondelegation originalism is having its moment. Recent Supreme Court opinions suggest that a majority of justices may be prepared to impose strict constitutional limits on Congress’s power to delegate policymaking authority to the executive branch. In response, scholars have scoured the historical record for evidence affirming or refuting a more stringent version of nondelegation than current Supreme Court doctrine demands. Though the debate ranges widely, sharp disputes have arisen over whether a series of apparently broad Founding-era delegations defeat originalist arguments in favor of a more stringent modern doctrine. Proponents—whom I call “nondelegationists”—argue that these historical delegations can all be …