Law Commons^™

Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs

Law School Blogs

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Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

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Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky

Life of the Law School (1993- )

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Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott

University of Richmond Law Review

Part I relates several stories of involuntarily committed patients who were recruited into studies posing serious risks. Part II draws on these cases to argue that the involuntary commitment of these patients leaves them vulnerable to unethical treatment by researchers. Their inherently coercive circumstances present an overwhelming obstacle to voluntary consent, and their captive status makes them attractive targets for research that could be performed using less vulnerable subjects.

Part III argues that most research on this patient population is improper under generally applicable principles of informed consent and fair subject selection. However, existing protections have proved insufficient to prevent …

Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

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Show-Me The Sun: How Missouri Can Support Its Commitment To Renewable Sources Of Energy Through Preemption Of Local Zoning Ordinances, Joyce Lafontain

Saint Louis University Law Journal

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Supreme Court, Queens County, People V. Michaelides, Christin Harris

Touro Law Review

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Subtly Selling The System: Where Psychological Influence Tactics Lurk In Judicial Writing, Anne E. Mullins

University of Richmond Law Review

No abstract provided.

S14rs Sgr No. 32 (Lsu Honor Code - Tiger Creed), Gabrielle Triche, Jacob Boudreaux, Davis, Dean, Helen Frink, Hunt, Miranne, Muehleman, Richard, Emily Smith

Student Senate Enrolled Legislation

No abstract provided.

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken M. Levy

Ken Levy

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

A Dangerous Commitment , Jack Fleischli

Pepperdine Law Review

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Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla

Pepperdine Law Review

At the end of the 1982 term, in Jones v. United States, the United States Supreme Court upheld a District of Columbia statute requiring the automatic and indefinite commitment of persons acquitted by reason of insanity. While under the D.C. statute the acquittee is periodically given the opportunity to gain release, the practice of involuntarily confining someone who has been acquitted raises serious due process and equal protection issues. This note examines the Court's analysis of these issues, focusing on a comparison of the elements necessary for an insanity defense with the showing required by the due process clause for …

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken M. Levy

Journal Articles

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

An Essay On The Stages Of The Clinical Year In Law School: Group Process With Existentialist Roots, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

This short article focuses on "units," or stages of group process, part of my shared experience in law teaching and in adult education at St. Mark’s Church, Capitol Hill, Washington, DC. The article explores the context of the functional education program of church teaching and its common elements with clinical law teaching. The unit structure from church teaching translates well, I conclude, into the structure of clinical legal education.

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

Ken Levy

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

Game Theory, Vatican Ii, And Catholic Commitment, Derek K. Yonai

Derek K. Yonai

We will examine the effects of Vatican II on the behavior of Catholics. Work done previously examined the declining religious vocations in the Catholic Church using marginal analysis and discuss the effects of doctrinal strictness and commitment of followers. We will attempt to combine these insights because not only have vocations declined since Vatican II but church attendance and other measures of lay Catholic commitment have declined as well. This indicates that the effects of Vatican II extend beyond the clergy and a more encompassing analysis is necessary. We will construct a dynamic game theory model that will address the …

Our Founding Feelings: Emotion, Commitment, And Imagination In Constitutional Culture, Doni Gewirtzman

Articles & Chapters

Traditionally, scholars and judges have treated emotion as a destructive force within constitutional culture. This Article uses recent developments in social psychology, neurobiology, and political psychology to challenge this dominant account and reposition emotion as central to our collective constitutional endeavor. It argues that emotion is critical to commitment and imagination, two features of human behavior that are essential to constitutional legitimacy and innovation. Further, emotions shape our perceptions and preferences about constitutional values through their impact on attitude development and moral decision-making. Finally, our increased understanding of emotion's impact on human behavior has the potential to alter the way …

What Oaths Meant To The Framers’ Generation: A Preliminary Sketch, Steve Sheppard

Steve Sheppard

To the Framers’ generation, oaths of office were understood as commitments, both public and personal, which stemmed from a source of morality. Recent discussions have raised concerns over whether or not the closing phrase in many oaths of office, “so help me God,” demonstrates a possible preference by the Framers for religious leaders and commitments to God. Oaths are not only an acceptance of an office itself, but also the acceptance of the office’s obligations. While oaths state an office’s obligations generally, the obligations include all that could be reasonably inferred from the nature of the office, including the use …

Our Founding Feelings: Emotion, Commitment, And Imagination In Constitutional Culture, Doni Gewirtzman

University of Richmond Law Review

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The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer

University of Richmond Law Review

This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Articles in Law Reviews & Other Academic Journals

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'Treaties', 'Agreements', 'Contracts' And 'Commitments' - What's In A Name? The Legal Force And Meaning Of Different Forms Of Agreement Making, David Llewelyn, Maureen Tehan

Research Collection Yong Pung How School Of Law

The multi-dimensional nature of treaty and agreement making has assumed a central focus in the conduct of relations between Indigenous peoples and settlers in Australia and elsewhere. Whether as a means of resolving disputes, delivering government programmes, or establishing common understandings, agreement making, however defined and named, has become the key tool for engagement between Indigenous and non-Indigenous Australians. Agreements come in all shapes and sizes ranging from registered Indigenous Land Use Agreements (ILUA) to Statements of Commitment, Memorandums of Understanding and Regional Agreements. In other jurisdictions these may be called 'treaties'. This paper examines the plethora of agreements in …

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …

Delivering Legality On The Internet: Developing Principles For The Private Provision Of Commercial Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

Just Monogamy?, Elizabeth F. Emens

Faculty Scholarship

Right now, marriage and monogamy feature prominently on the public stage. Efforts to lift state and federal prohibitions on same-sex marriage have inspired people across the political spectrum to speak about the virtues of monogamy’s core institution and to express views on who should be included within it. In this brief comment, I want to talk about something else. Like an “unmannerly wedding guest,” I want to invite the reader to pause amidst the whirlwind of marriage talk, to think about alternatives to monogamy. In particular, I want to talk about multiparty relationships, or “polyamory,” as these relationships are called …

The Biological Basis Of Commitment: Does One Size Fit All?, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

Understanding the biological roots of intimate behavior is a complex undertaking that involves the integration of evolutionary biology, evolutionary psychology, neuroscience, anthropology and sociology. Evolutionary biology describes theories that explain the persistence of certain types of behavior in terms of presumed evolutionary pressures or advantages, focusing on the human mind. Evolutionary biologists assume that behavior that maximizes the presence of associated genes in the next generation is the behavior most likely to persist. In this paper, we take the growing insights that arise from the study of the biology of attachment to frame the emerging policy choices underlying the governance …

Bring Back The Draft?, Neal Devins

Georgia State University Law Review

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Internet Solutions To Consumer Protection Problems, Gregory E. Maggs

South Carolina Law Review

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The Use Of Social Science And Medicine In Sex Offender Commitment, Eric S. Janus

Faculty Scholarship

Sex offender commitment statutes are a controversial and recurring response to the threat of sexual violence. These statutes, claiming exemption from the strict constitutional limitations of the criminal law, use civil-commitment-like procedures to detain sex offenders in secure "treatment centers." Litigation testing these statutes has sought to locate the border between legitimate exercise of the state's mental health power, and illegitimate preventative detention. This article examines the central roles that medicine and behavioral science play in the operation of sex offender commitment statutes and the litigation testing their constitutional validity. The thesis of this article is that the presence of …