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Full-Text Articles in Law

China’S Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, F. Scott Kieff, Thomas D. Grant Jan 2022

China’S Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, F. Scott Kieff, Thomas D. Grant

GW Law Faculty Publications & Other Works

The People’s Republic of China (PRC) has begun to use sanctions against people who speak out against its policies, including even lawyers in their ordinary work representing the interests of their clients. This paper explores the deleterious impact such sanctions can have on the entire legal profession, the broader community putatively served by the profession, and the rule of law.


Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden Jul 2020

Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Secret Conviction Programs, Meghan J. Ryan Jan 2020

Secret Conviction Programs, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Judges and juries across the country are convicting criminal defendants based on secret evidence. Although defendants have sought access to the details of this evidence—the results of computer programs and their underlying algorithms and source codes—judges have generally denied their requests. Instead, judges have prioritized the business interests of the for-profit companies that developed these “conviction programs” and which could lose market share if the secret algorithms and source codes on which the programs are based were exposed. This decision has jeopardized criminal defendants’ constitutional rights.


Newsroom: Courtroom Dedicated To Judge Selya 10-30-2017, Roger Williams University School Of Law Oct 2017

Newsroom: Courtroom Dedicated To Judge Selya 10-30-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School Dedicates Appellate Courtroom To Judge Selya 10-15-2017, Edward Fitzpatrick, Roger Williams University School Of Law Oct 2017

Law School Dedicates Appellate Courtroom To Judge Selya 10-15-2017, Edward Fitzpatrick, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Determining When Extrinsic Evidence Not Attached To Or Incorporated By Reference In A Pleading May Be Considered On A Rule 12 Dismissal Motion, Laurence A. Steckman, Rita D. Turner Mar 2015

Determining When Extrinsic Evidence Not Attached To Or Incorporated By Reference In A Pleading May Be Considered On A Rule 12 Dismissal Motion, Laurence A. Steckman, Rita D. Turner

Touro Law Review

No abstract provided.


Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr. Nov 2014

Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Supreme Court Clerks As Judicial Actors And As Sources, Scott Armstrong Oct 2014

Supreme Court Clerks As Judicial Actors And As Sources, Scott Armstrong

Marquette Law Review

none


Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Ryan C. Black, Christina L. Boyd, Amanda C. Bryan Oct 2014

Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Ryan C. Black, Christina L. Boyd, Amanda C. Bryan

Marquette Law Review

Do law clerks influence U.S. Supreme Court Justices’ decisions in the Court’s agenda-setting stage? For those Justices responding to their own law clerks’ cert recommendations, we expect a high degree of agreement between Justice and clerk. For non-employing Justices, however, we anticipate that the likelihood of agreement between clerk and Justice will vary greatly based on the interplay among the ideological compatibility between a Justice and the clerk, the underlying certworthiness of the petition for review, and the clerk’s final recommendation. Relying on a newly collected dataset of petitions making the Court’s discuss list over the 1986 through 1993 Terms, …


A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine Aug 2012

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Samuel J. Levine

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …


Selling Land And Religion, Eang Ngov Mar 2012

Selling Land And Religion, Eang Ngov

Eang Ngov

Selling Land and Religion Eang L. Ngov* ABSTRACT Thousands of religious monuments have been donated to cities and towns. Fearing an Establishment Clause violation, some governmental bodies have privatized religious objects and the land beneath them by selling or transferring the objects and land to private parties. Drawing from Establishment Clause jurisprudence involving religious displays, this Article utilizes the Lemon and endorsement tests as analytical tools for resolving the constitutionality of land dispositions involving religious displays. The government purpose for disposing of the religious object and surrounding land have been premised on preserving the religious object as a memorial or …


A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine Jan 2012

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Scholarly Works

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …


7th Circuit Judge Establishes Chambers At Law School, Karen Sloan Jun 2010

7th Circuit Judge Establishes Chambers At Law School, Karen Sloan

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Violent Crimes And Known Associates: The Residual Clause Of The Armed Career Criminal Act, David C. Holman Jan 2010

Violent Crimes And Known Associates: The Residual Clause Of The Armed Career Criminal Act, David C. Holman

David Holman

Confusion reigns in federal courts over whether crimes qualify as “violent felonies” for purposes of the Armed Career Criminal Act (ACCA). The ACCA requires a fifteen-year minimum sentence for felons convicted of possessing a firearm who have three prior convictions for violent felonies. Many offenders receive the ACCA’s mandatory minimum sentence of fifteen years based on judges’ guesses that their prior crimes could be committed in a violent manner—instead of based on the statutory crimes of which they were actually convicted. Offenders who do not deserve a minimum sentence of fifteen years may receive it anyway.

The courts’ application of …


The Trials Of Alger Hiss: A Commentary, Douglas O. Linder Jan 2007

The Trials Of Alger Hiss: A Commentary, Douglas O. Linder

Faculty Works

No criminal case had a more far-reaching effects on modern American politics than the Alger Hiss-Whittaker Chambers spy case which held Americans spellbound in the middle of the twentieth-century. The case catapulted an obscure California congressman named Richard Nixon to national fame, set the stage for Senator Joseph McCarthy's notorious Communist-hunting, and marked the beginning of a conservative intellectual and political movement that would one day put Ronald Reagan in the White House. Even without its important influence on American political debate, the trials of Alger Hiss for perjury have the makings of a great drama. They featured two men …