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Articles 12601 - 12630 of 14806
Full-Text Articles in Law
Elevated Blood Lead Levels As Eligibility Criteria For Early Intervention Programs, Meghan Sink
Elevated Blood Lead Levels As Eligibility Criteria For Early Intervention Programs, Meghan Sink
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Inheriting Privilege, Allison Anna Tait
Inheriting Privilege, Allison Anna Tait
Law Faculty Publications
All families may be created equal, so to speak. But differences between families in terms of economic wealth, resource networks, and access to cultural capital are both severe and stark. A large part of what shapes this scenery of economic possibility is the legal framework of wealth transfer. Wealth travels through generations and sticks, crystallizing in predictable places and shapes, thereby embedding complex forms of inequality within and between families. The family trust, in particular, is a mode of transfer that facilitates wealth preservation as well as wealth inequality. Family trusts are tailored to convey and defend complex patrimonies in …
Ensuring Black Lives Matter When The Penalty Is Death, Sidney Balman
Ensuring Black Lives Matter When The Penalty Is Death, Sidney Balman
Law Student Publications
"Trayvon Martin. Michael Brown. Breonna Taylor. George Floyd. These are several of the names that come to mind when we think about the Black Lives Matter (BLM) movement. They are the faces of institutional oppression of Black men and women in their daily interactions with law enforcement. Thus far, the BLM movement has focused on police brutality against Black communities—the vagaries of violence perpetrated on minority communities by those whose duty is to protect them. But there is another place where Black Lives should Matter, but don’t—the death penalty." [..]
Why Not Both Nature And Nurture: Using Behavioral Genetic Markers As Sentencing Factors, Seely Kaufmann
Why Not Both Nature And Nurture: Using Behavioral Genetic Markers As Sentencing Factors, Seely Kaufmann
Law Student Publications
"On the evening of July 1, 2013, Amos Wells was upset that his pregnant girlfriend, Chanice Reed, would not answer his calls. He then drove to where she, her mother Annette, and ten-year-old brother Eddie, lived. After arguing with Chanice and yelling at the top of his voice in a “bone-chilling scream,” Wells retrieved a handgun from his Chevrolet Tahoe parked in front of the house, and shot Chanice in the front yard as she screamed, “No, no, no.” Her mother then tried to bat the gun away before he shot her too. Further shots were heard before Wells finally …
Utilizing Tax Incentives To Increase Gender Parity On Corporate Boards, Mary Tursi
Utilizing Tax Incentives To Increase Gender Parity On Corporate Boards, Mary Tursi
Law Student Publications
"Women are drastically underrepresented in positions of power and prominence in the United States. As of 2021, women hold only thirty percent of board seats on the S&P 500. The number is much smaller for private corporations. One study found that in 2020, women occupied only eleven percent of board seats for private corporations. Given these statistics, it is unsurprising that a 2021 study predicts that corporate boards will not reach gender parity until 2032." [..]
Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter
Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter
Law Student Publications
This article highlights the ongoing lack of diversity in each of the three major types of environmental organizations—conservation and preservation organizations, governmental agencies, and environmental grantmaking foundations—and assesses how this lack of diversity has historically marginalized people of color. Assessing the history of how the environmental movement has marginalized people of color is key because from this marginalization grew the rise of the environmental justice movement and recognition from the legal system of environmental issues that disproportionately impacted people of color. Last, this article presents solutions on how environmental organizations can increase and retain diversity in their staff and leadership …
Expanding Medicaid In The Postpartum Period, Madison P. Harrell
Expanding Medicaid In The Postpartum Period, Madison P. Harrell
Law Student Publications
This Comment will discuss how the current Medicaid law is insufficient to address the issue of disappointing maternal health outcomes in the United States and how the federal government should begin to remedy the problem. First, I will shed light on the maternal health crisis in the United States, before discussing the history of pregnancy and postpartum Medicaid coverage. Then, I will outline the enactment of the Affordable Care Act, the subsequent court battle over its constitutionality, and the effects of that decision on the current landscape of pregnancy and postpartum Medicaid coverage. Finally, I will detail my proposal for …
Make Some Sense Of Scent Trademarks: The United States Needs A Graphical Representation Requirement, Gabrielle E. Brill
Make Some Sense Of Scent Trademarks: The United States Needs A Graphical Representation Requirement, Gabrielle E. Brill
Law Student Publications
When it comes to consumer loyalty, some businesses have decided to go beyond attracting the eyes. Why not keep customers via their nostrils? Accordingly, the scent marketing industry is booming. Jennifer Dublino, Vice President of Development at ScentWorld Events, remarks that “smell is one of the most unique of human senses. Scent enters the limbic system [of the brain] and bypasses all of the cognitive and logical thought processes and goes directly to the emotional and memory areas of the brain.” Companies like ScentAir have been created specifically to help stores design fragrances that best fit their image and objectives …
Copyright Takes To The Streets: Protecting Graffiti Under The Visual Artists Rights Act, Michaela S. Morrissey
Copyright Takes To The Streets: Protecting Graffiti Under The Visual Artists Rights Act, Michaela S. Morrissey
Law Student Publications
Artists who choose the streets as their canvas—whether to beautify neighborhoods, spark political protest, or merely mark their territory—are faced with uncertainties when it comes to questions of copyright protection for their work. Prior to Castillo v. G&M Realty L.P., the rights granted to street artists had generally been uncharted territory. However, a verdict that pitted the rights of street artists against the rights of property owners finally gave street art the credibility many felt it long deserved. In Castillo, the United States Court of Appeals for the Second Circuit recognized graffiti as a work of visual art, thus …
Copyright Takes To The Streets: Protecting Graffiti Under The Visual Artists Rights Act, Michaela S. Morrissey
Copyright Takes To The Streets: Protecting Graffiti Under The Visual Artists Rights Act, Michaela S. Morrissey
Law Student Publications
Artists who choose the streets as their canvas—whether to beautify neighborhoods, spark political protest, or merely mark their territory—are faced with uncertainties when it comes to questions of copyright protection for their work. Prior to Castillo v. G&M Realty L.P., the rights granted to street artists had generally been uncharted territory. However, a verdict that pitted the rights of street artists against the rights of property owners finally gave street art the credibility many felt it long deserved. In Castillo, the United States Court of Appeals for the Second Circuit recognized graffiti as a work of visual …
Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti
Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti
PhD Dissertations
The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …
Disabusing The Tax Aid Narrative: What Inter-National Tax Equity Really Means For "Poor" Countries And How To (Re)Frame It, Okanga Ogbu Okanga
Disabusing The Tax Aid Narrative: What Inter-National Tax Equity Really Means For "Poor" Countries And How To (Re)Frame It, Okanga Ogbu Okanga
PhD Dissertations
International tax regimes (e.g., the “double taxation regime”) are created by states with competing tax jurisdiction to coordinate their tax rules and, specifically, to address common efficiency problems like international double taxation. In developing such regimes, states attempt to balance competing tax policy priorities: efficiency, administrability, and equity. This work engages with equity, as a policy norm of international tax (inter-national tax equity). It is my thesis that the framing/articulation of inter-national tax equity suffers from a narrative problem that, perhaps, stems from its apparent conceptual unclarity and multifarious usage. This narrative problem is most evident in the articulation of …
Freedom To Morph? An Analysis Of Morphed Imagery, Child Pornography, And The First Amendment, Katie H. Jung
Freedom To Morph? An Analysis Of Morphed Imagery, Child Pornography, And The First Amendment, Katie H. Jung
Catholic University Journal of Law and Technology
This article examines the current law related to child pornography and how it leaves a gap for morphed imagery to flourish. The jurisprudence in this area is insufficient to keep up with the changing technology which allows children to be portrayed in morphed imagery and argues that this should not fall within First Amendment protection. The Supreme Court has made it clear that protecting children is an exceedingly important interest and that traditional child pornography falls outside of what was traditionally considered to be protected First Amendment speech. This article argues that the Circuit Split, should the Supreme Court take …
The Anomaly That Is Privacy: Data Privacy Concerns Related To The Rise Of Microchip Implants In Humans, Kendra Lobban
The Anomaly That Is Privacy: Data Privacy Concerns Related To The Rise Of Microchip Implants In Humans, Kendra Lobban
Catholic University Journal of Law and Technology
No abstract provided.
Book Review: Research Handbook On Design Law, Toshiko Takenaka Prof.
Book Review: Research Handbook On Design Law, Toshiko Takenaka Prof.
Book Reviews
Although recent US case law significantly increased the value of design patents, the European industry has long acknowledged the commercial value of product designs and developed EU-wide protection for the designs regardless of registration. According to recent statistics, both US and EU design patents and community design rights outperform utility patents on validity and infringement. The result of the community design rights is particularly surprising because both registered and unregistered design rights issue without any examination of substantive requirements. Effective product design protection is a key to success for consumer goods manufacturers to complete in the global market. However, there …
The Global Red Scare And The Anti-Worker Repressive Model, 1913-1927, Christopher M. Roberts
The Global Red Scare And The Anti-Worker Repressive Model, 1913-1927, Christopher M. Roberts
Cardozo International & Comparative Law Review
This article considers the extensive repressive measures enacted around the world during and in the wake of the First World War. While repressive developments in the World War I and post-war periods have previously been examined in different national contexts, little scholarship has adopted a more global lens. To better organize and consider the relevant developments, this article develops a typology of six different categories of public order governance into which the majority of the repressive measures of the period may be classified: the passage of new laws; the development of new institutions; raids, arrests, prosecutions, and other judicial and …
Overcoming Inertia To Deliver Sentience Policy Commensurate With Sentience Science, Claire Bass
Overcoming Inertia To Deliver Sentience Policy Commensurate With Sentience Science, Claire Bass
Animal Sentience
Rowan et al’s target article makes clear that meaningful change in policy and practice to protect animals has failed to progress in lockstep with scientific understanding of their sentience and needs. The underlying causes for inertia in political and practical progress for animals in the UK context are multi-faceted and complex, including economic forces; lack of cross-departmental accountability for animal welfare; and challenges where it suits conservation scientists to dismiss or downgrade the impacts of management decisions on individual animals. All of these influences and more must be understood and addressed if we are to deliver meaningful and timely protections …
An Intellectual Property Fix For Platform Salesjacking, Eric E. Johnson
An Intellectual Property Fix For Platform Salesjacking, Eric E. Johnson
Faculty Articles
The aim of this Essay is to introduce an intellectual property angle to a current controversy that has been understood to be a matter for antitrust law. The controversy arises when a platform company--most famously Amazon--uses its platform to host a marketplace for independent retailers while simultaneously hosting itself as a retailer on the platform, thus competing as a retailer with an inside advantage. Critics say this setup allows platform firms to cherry-pick the best product ideas from small, independent retailers and then hijack their sales. This Essay seeks to advance the conversation about this controversy, making at least four …
Leadership Evolution: The Rise Of Lawyers In The C-Suite, Garry Jenkins, Jon J. Lee
Leadership Evolution: The Rise Of Lawyers In The C-Suite, Garry Jenkins, Jon J. Lee
Faculty Articles
The traditional thinking about the path to the top corporate executive leadership posts, reaching the so-called C-suite, is that it begins with earning an MBA degree. By contrast, the JD degree is thought of as one that prepares graduates for the practice of law, for government service, or for public interest advocacy. Since lawyers have historically been trained to protect clients from risk, law is not associated with senior business leadership. Yet, an evolving and accelerating trend is emerging: more lawyers are reaching or crossing over to become part of top corporate management teams. We present findings from our empirical …
Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Phyllis C. Taite, Nicola Boothe
Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Phyllis C. Taite, Nicola Boothe
Faculty Articles
No abstract provided.
On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino
On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino
Faculty Articles
No abstract provided.
Appraisal Rights And "Fair Value", Steven Cleveland
Appraisal Rights And "Fair Value", Steven Cleveland
Faculty Articles
Appraisal rights (or dissenter's rights) entitle a shareholder to the judicially determined "fair value" of her shares upon the occurrence of a merger that she does not support. Once a quiet corner of corporate law, appraisal rights have recently given rise to significant litigation and a growing body of scholarship. Whereas existing scholarship commonly has focused on improvements to be implemented by the judiciary, I propose a legislative improvement. In appraising "fair value," courts have failed to give force to the legislative mandate to "exclude any element of value arising from the accomplishment or expectation of the merger," which has …
Shadow Dockets Lite, Hayley Stillwell
Shadow Dockets Lite, Hayley Stillwell
Faculty Articles
Inherent to the role of judges is the obligation to explain themselves and to create precedent—which is why the U.S. Supreme Court’s “shadow docket” has recently garnered ample criticism. Unfortunately, other courts share these deficiencies. Oklahoma Supreme Court justices often decline to vote without explanation. They also note their disagreement with some or all of an opinion, but fail to explain why. Tenth Circuit Court of Appeals judges decide whether an opinion is unpublished—and thus nonprecedential—without explanation. These practices are “shadow dockets lite” because they are more consistent with the role of judges than the Supreme Court’s shadow docket, but …
The Field Of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, Jessica Steinberg
The Field Of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, Jessica Steinberg
Faculty Articles
This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …
Codifying Flores: A Call To Congress To Protect Migrant Families From Deterrent Border Policies, Amanda V. Reis
Codifying Flores: A Call To Congress To Protect Migrant Families From Deterrent Border Policies, Amanda V. Reis
Roger Williams University Law Review
No abstract provided.
Disabled Litigants’ Standing Issue: Ensuring Rhode Island’S Standing Doctrine Is Accessible To Ada Tester Litigants, Colten H. Erickson
Disabled Litigants’ Standing Issue: Ensuring Rhode Island’S Standing Doctrine Is Accessible To Ada Tester Litigants, Colten H. Erickson
Roger Williams University Law Review
No abstract provided.
Colonial Legislation Affecting Indigenous Peoples Of Southern New England As Organized By State, James D. Diamond
Colonial Legislation Affecting Indigenous Peoples Of Southern New England As Organized By State, James D. Diamond
Roger Williams University Law Review
No abstract provided.
State V. Michaud, 251 A.3d 9 (Ri 2021)., Blair Robinson
State V. Michaud, 251 A.3d 9 (Ri 2021)., Blair Robinson
Roger Williams University Law Review
No abstract provided.
Andrade V. Andrade, 252 A.3d 755 (R.I. 2021), Samantha M. Darocha
Andrade V. Andrade, 252 A.3d 755 (R.I. 2021), Samantha M. Darocha
Roger Williams University Law Review
No abstract provided.
The Ret. Bd. Of The Emples. Ret. Sys. Of R.I. V. Randall, 249 A.3d 629 (R.I. 2021), Yee Yee Myint
The Ret. Bd. Of The Emples. Ret. Sys. Of R.I. V. Randall, 249 A.3d 629 (R.I. 2021), Yee Yee Myint
Roger Williams University Law Review
No abstract provided.