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2024

Justice

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Full-Text Articles in Law

Law School News: Rwu Graduates Encouraged To 'Be Fearless' And To Always 'Seek Knowledge', Mel Thibeault May 2024

Law School News: Rwu Graduates Encouraged To 'Be Fearless' And To Always 'Seek Knowledge', Mel Thibeault

Life of the Law School (1993- )

No abstract provided.


Law School News: Rwu Law Students Go Above And Beyond With Pro Bono 5-3-2024, Suzi Morales May 2024

Law School News: Rwu Law Students Go Above And Beyond With Pro Bono 5-3-2024, Suzi Morales

Life of the Law School (1993- )

No abstract provided.


The Failures Of The United States Justice System, Barry Nash, James Hall, Joseph Harris, Jalyn Williams Apr 2024

The Failures Of The United States Justice System, Barry Nash, James Hall, Joseph Harris, Jalyn Williams

ENGL 1102 Showcase

This is a compilation of research papers written under a common theme of United States Justice System Failures. This was done for an assignment in an English 1102 class.


Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg Apr 2024

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - American Revival: Citizenship & Virtue

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …


Law School News: 2024 Rbg Essay & Art Contest Winners Recognized At Women In Law Leadership Lecture 4-16-24, Roger Williams University School News Apr 2024

Law School News: 2024 Rbg Essay & Art Contest Winners Recognized At Women In Law Leadership Lecture 4-16-24, Roger Williams University School News

Life of the Law School (1993- )

No abstract provided.


Law School News: The Power Of Yes: Stefanie Fischer L'24, Suzi Morales Apr 2024

Law School News: The Power Of Yes: Stefanie Fischer L'24, Suzi Morales

Life of the Law School (1993- )

No abstract provided.


5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law Apr 2024

5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Rooted In Commitment: Geovanny Amaya L'24, Michelle Choate Apr 2024

Law School News: Rooted In Commitment: Geovanny Amaya L'24, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Champions For Justice 2024, Roger Williams University School Of Law Mar 2024

Champions For Justice 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law Mar 2024

Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman Mar 2024

Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

The killing of unarmed African-American Ahmaud Arbery and others ignited a wave of public outrage and re-focused attention on race and the criminal justice system. During the recent federal hate crimes proceedings for Arbery’s death, the prosecution introduced evidence relating to the alleged past racist acts of the defendants. This type of evidence may be seen as highly probative and desperately needed to do justice in hate crimes cases. On its face, however, such type of evidence appears to be inadmissible owing to the well-known—but little understood— evidentiary ban on character evidence prescribed in Federal Rule of Evidence 404(b) and …


Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law Jan 2024

Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier Jan 2024

We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier

University of Massachusetts Law Review

Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the stigma, business, research, energy, sex and gender, hemp, and international inequities of the War on Drugs. This serves as the foundation for a compilation of the structural and theoretical reasons for how current social equity policies, whether targeting the cannabis industry, community reinvestment, social justice, or access equity, will only continue to …


The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted Jan 2024

The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted

University of Massachusetts Law Review

Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. …


Failing To Learn The Lessons Of Madoff: Problems With Applying Iqbal To Fraud Claims, Howard Gutman, Chris Garino Jan 2024

Failing To Learn The Lessons Of Madoff: Problems With Applying Iqbal To Fraud Claims, Howard Gutman, Chris Garino

University of Massachusetts Law Review

The Iqbal standard requires all civil actions filed in federal courts to provide detailed proof at the pleading stage for the claim to proceed. Under this standard, cases are adjudicated without the aid of discovery or deposition of witnesses. Cases are decided at the pleading stage based on the documents and statements provided by the one accused of fraud. The tools to uncover deception are not available at this stage. This article argues that the Iqbal pleading standard fails to allow civil courts to adequately detect and adjudicate fraud claims. This article explores fraudulent financial schemes, the Iqbal standard, the …


Why Equity Follows The Law, Adam J. Macleod Jan 2024

Why Equity Follows The Law, Adam J. Macleod

Faculty Articles

Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a …


How The International Investment Law Regime Undermines Access To Justice For Investment-Affected Stakeholders, Ladan Mehranvar Jan 2024

How The International Investment Law Regime Undermines Access To Justice For Investment-Affected Stakeholders, Ladan Mehranvar

Columbia Center on Sustainable Investment

For over a decade now, the international investment law regime, which includes investment treaties and their central pillar, the investor-state dispute settlement (ISDS) mechanism, has been facing sustained calls for reform. These have largely centered on the concerns regarding the high costs of ISDS, the restrictions placed by the investment treaty regime on the right—or duty—of states to regulate in the public interest, and the questionable benefits arising from these treaties in the first place. Several states have taken proactive measures: some have revised investment treaty standards to better protect their regulatory powers; others have introduced new approaches to investment …


Biopiracy: Using New Laws And Databases To Protect Indigenous Communities, Cleo-Symone Scott Jan 2024

Biopiracy: Using New Laws And Databases To Protect Indigenous Communities, Cleo-Symone Scott

Law Student Publications

Indigenous people have a historical link to those who inhabited a country or region at the time when people of different cultures or origins arrived. Traditionally, indigenous people have a special relationship with their ancestral environments. But their way of living has long been under threat. The land that indigenous people live on is home to over 80% of our planet’s biodiversity, but it continues to be appropriated and plundered due to bioprospecting or, as some call it, biopiracy. Bioprospecting is defined as “the exploration and information gathering of genetic and biochemical material to develop commercial products.” While innovation is …


Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley Jan 2024

Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley

Marquette Intellectual Property & Innovation Law Review

None


When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler Jan 2024

When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler

Mitchell Hamline Law Review

No abstract provided.


Aba Standard 303(C) And Divisive Concepts Legislation And Policies: Challenges And Opportunities, Sherley Cruz, Becky L. Jacobs, Karen L. Tokarz, Kendall Kerew, Andrew King-Ries, Carwina Weng Jan 2024

Aba Standard 303(C) And Divisive Concepts Legislation And Policies: Challenges And Opportunities, Sherley Cruz, Becky L. Jacobs, Karen L. Tokarz, Kendall Kerew, Andrew King-Ries, Carwina Weng

Scholarly Works

This article by six clinicians discusses the challenges and opportunities of new ABA Standard 303 (c), including the implications of and interactions between Standard 303(c) and “divisive concepts” laws and other threats to representation, academic freedom, and free speech in legal education. The article also highlights the intersection of Standard 303(c) and Standard 303(b)(3), which addresses professional identity formation; discusses opportunities to adapt current curriculum and teaching and create new curricular responses to meet the new accreditation standards and interpretations; and explores ways to resist increasing limitations and find a supportive academic community to sustain hope and resilience.


Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes Jan 2024

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

Seattle University Law Review

The information we gathered during 2021–2023 shows that critical faculty and other academic resources are present throughout most of U.S. legal academia. Counting only full-time faculty, our limited research identified 778 contacts in 200 schools equating to nearly four contacts on average per school. But no organized critical “core” had coalesced within legal academia or, more broadly, throughout higher education expressly dedicated to defending and advancing critical knowledge and its production up to now. And yet, as the 2021–2022 formation of the Critical (Legal) Collective (“CLC”) outlined below demonstrates, many academics sense or acknowledge the need for greater cohesion among …