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Articles 1 - 30 of 34
Full-Text Articles in Law
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Cal Poly Humboldt theses and projects
Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …
Law School News: Rwu Law Remembers Sarah Weddington 12/30/2021, Michael M. Bowden
Law School News: Rwu Law Remembers Sarah Weddington 12/30/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law
An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law
Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden
Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law
Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Brett Kavanaugh Vs. The Exonerated Central Park Five: Exposing The President's "Presumption Of Innocence" Double Standard, Sofia Yakren
Brett Kavanaugh Vs. The Exonerated Central Park Five: Exposing The President's "Presumption Of Innocence" Double Standard, Sofia Yakren
Journal of Civil Rights and Economic Development
(Excerpt)
In the service of Justice Brett Kavanaugh’s confirmation to the United States Supreme Court, the President of the United States (and Republican Senators) both misappropriated and further eroded the already compromised concepts of due process and presumption of innocence. This Essay uses the prominent “Central Park Five” case in which five teenagers of color were wrongly convicted of a white woman’s widely-publicized beating and rape to expose the President’s disparate use of the presumption along race and status lines. This narrative is consistent with larger systemic inequities that leave poor black and brown criminal defendants less likely to benefit …
"I Still Like Smear": The Senate Judiciary Committee's Obstructing Politics Surrounding The Kavanaugh Hearing And A Solution To The Chaos That Ensued, Frank J. Tantone
"I Still Like Smear": The Senate Judiciary Committee's Obstructing Politics Surrounding The Kavanaugh Hearing And A Solution To The Chaos That Ensued, Frank J. Tantone
Journal of Civil Rights and Economic Development
(Excerpt)
The incredible events and raucous behavior by members of the Committee that colored Justice Kavanaugh’s confirmation process rose to a level of intensity and virulence never seen before in this specific area of American government and politics. Nevertheless, the most analogous situation that somewhat closely reflects the events that transpired in 2018 occurred seventeen years earlier. President George H.W. Bush, on July 1, 1991, nominated then District of Columbia Circuit Court Judge, Clarence Thomas, to replace Justice Thurgood Marshall on the Supreme Court. Thomas’s confirmation hearing was also opposed from the outset but by civil rights and feminist organizations …
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge
Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge
Student Publications
This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.
To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris
To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris
Jeffrey B. Morris
No abstract provided.
Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris
Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris
Jeffrey B. Morris
No abstract provided.
Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann
Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann
Jeffrey B. Morris
No abstract provided.
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and the court, …
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
University of Richmond Law Review
No abstract provided.
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Northwestern Journal of Law & Social Policy
In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
Faculty Working Papers
Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents. If law schools wanted to train future lawyers to be effective, they should be exposed to collateral subjects that might influence judges: law and society, law and literature, and so forth. But the standard interpretation has been a huge mistake. It treats law as analogous to weather forecasting: …
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Faculty Publications
Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and the court, …
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal—the court became an institution …
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
Faculty Scholarship
No abstract provided.