Law Commons^™

Law School News: Mandell-Boisclair Justice Camp Prepares Young Scholars To Become Future Lawyers, Social Justice Advocates 7-26-2024, Jordan J. Phelan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (May 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

After The Criminal Justice System, Benjamin Levin

Washington Law Review

Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the “criminal legal system,” the “criminal punishment system,” the “prison industrial complex,” and so on. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or does an emphasis on labels and language distract from substantive engagement with the injustices …

Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

Law School News: Commencement 2023: Rwu Graduates Urged To 'Work Hard And Dream Big Dreams' 5-19-2023, Jill Pais, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Towards An Understanding Of Critical Race Theory: Dispelling False Claims And Misrepresentations, Shiv Narayan Persaud

University of Massachusetts Law Review

The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is to open a new discussion on these issues, rooted in promoting cultural competency in the legal profession.

The Assault On Critical Race Theory As Pretext For Populist Backlash On Higher Education, Danielle M. Conway

Saint Louis University Law Journal

The rightwing is carrying out its most recent effort to install an authoritarian regime in America, which has been boosted by Donald Trump’s white supremacist rhetoric and actions before, during, and after his four years holding the Office of the President of the United States. Resolute in the effort to destabilize American Democracy by forcing on to the populist, among other messages, “The Big Lie,” the rightwing is committed to a coordinated strategy of attacking and delegitimizing democratic institutions for the purpose of retaining economic and political power.

The attack on Critical Race Theory (“CRT”) is one element of the …

Law School News: Rwu Law Introduces Required Course On Race And The Law 06/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (October 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A Taxing Feminism, Anthony C. Infanti, Bridget J. Crawford

Book Chapters

Feminist perspectives are not new to tax law. The first academic piece bringing a feminist perspective to bear on tax law dates to the early 1970s, when Grace Blumberg published “Sexism in the Code: A Comparative Study of Income Taxation of Working Wives and Mothers.” Contemporaneously, none other than Ruth Bader Ginsburg (along with her tax lawyer husband Marty Ginsburg) brought a feminist perspective to bear on tax law when she argued Moritz v. Commissioner before the Tenth Circuit Court of Appeals, as depicted in the movie On the Basis of Sex. Since then, numerous other contributions have been …

Rwu First Amendment Blog: David Logan's Blog: Media Centralization Imperils Marketplace Of Ideas 04-05-2018, David A. Logan

Law School Blogs

No abstract provided.

Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan

University of Massachusetts Law Review

In the past, the agencies charged with the implementation of the Endangered Species Act have shirked invoking the full range of regulatory tools at their disposal. They altered the structure of the Act in violation of Congressionally-granted authority to better accommodate both developmental and conservation interests. After a string of critical judicial decisions, the Services finally changed their implementation of the Act to parallel the protections envisioned by Congress. Though these changes will shift strength between provisions within the Act, they will not drastically alter the status quo by allowing the Services discretion in making judgments regarding the recovery of …

Critical Allies And Feminist Praxis: Rethinking Dis-Ease, Colleen Mcgloin

Faculty of Law, Humanities and the Arts - Papers (Archive)

In Australian universities, non-Indigenous educators teaching Indigenous studies and/or Indigenous content must engage critically with anti-colonialism, not simply as lip service to syllabus content, but also, as an ethical consideration whereby consultation and collaboration with Indigenous scholars must necessarily direct praxis. Such an engagement might be referred to as a 'critical alliance': an engagement with Others about whom we are speaking that forms the basis for an ethical relationship. A 'critical alliance' with Others seeks always to undermine the colonial relations of power that discursively position both Indigenous and non-Indigenous subjects. This paper explores what such an alliance might 'look …

Burying The Lede: Why Teaching The Due Process Cases Is Critical To Investigations In Criminal Procedure, Tracey L. Meares

Saint Louis University Law Journal

No abstract provided.

Social Cognition And Psychopathology: A Critical Overview, Shaun Gallagher, Somogy Varga

Faculty of Law, Humanities and the Arts - Papers (Archive)

The philosophical and interdisciplinary debate about the nature of social cognition, and the processes involved, has important implications for psychiatry. On one account, mindreading depends on making theoretical inferences about another person's mental states based on knowledge of folk psychology, the so-called "theory theory" (TT). On a different account, "simulation theory" (ST), mindreading depends on simulating the other's mental states within one's own mental or motor system. A third approach, "interaction theory" (IT), looks to embodied processes (involving movement, gesture, facial expression, vocal intonation, etc.) and the dynamics of intersubjective interactions (joint attention, joint action, and processes not confined to …

Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in efforts …

Listening To Hear: Critical Allies In Indigenous Studies, Colleen Mcgloin

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper reflects on a particular class in an undergraduate seminar in Australian Indigenous Studies where anecdote played a crucial role and where both the teacher and learners were challenged to consider their implication as racialised subjects in the teaching and learning process. The paper argues that student anecdote can be a vital bridge between theory and practice in adult learning. It suggests that all learners in Indigenous Studies, and also in studies of race and difference more generally, need to undertake effective listening and hearing practices in order to consider, imagine and engage with experiences and worldviews other than …

Work With Men To End Violence Against Women: A Critical Stocktake, Michael Flood

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper provides a critical assessment of efforts to involve men in the prevention of men's violence against women. Although there is a substantial evidence base attesting to the effectiveness of at least some strategies and interventions, this field is also limited in important ways. Violence prevention efforts often have focused on changing men's attitudes, rather than also seeking to transform structural and institutional inequalities. While feminist and queer scholarship has explored diversities and pluralities in the organisation of sexuality, much violence prevention work often assumes a homogenously heterosexual male constituency. Too often this work is conceptually simplistic with regard …

Controversies In Tax Law: A Matter Of Perspective (Introduction), Anthony C. Infanti

Book Chapters

This volume presents a new approach to today’s tax controversies, reflecting that debates about taxation often turn on the differing worldviews of the debate participants. For instance, a central tension in the academic tax literature — which is filtering into everyday discussions of tax law — exists between “mainstream” and “critical” tax theorists. This tension results from a clash of perspectives: Is taxation primarily a matter of social science or social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives?

To capture and interrogate what often seems like a chasm …

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.

Tim Winton: Critical Essays, Edited By Lyn Mccredden And Nathanael O'Reilly, Colleen Mcgloin

Faculty of Law, Humanities and the Arts - Papers (Archive)

[extract] As the editors of Tim Winton: Critical Essays rightly note, literary criticism of Tim Winton’s work has been sparse to date. This observation is supported elsewhere (Rooney, 2009, 159) and by this writer who was at a loss in recent times when seeking critical works that might enrich a feminist reading of Breath (2008). The long overdue volume of critical works in Tim Winton: Critical Essays is therefore a most welcome contribution both to Winton studies and to literary criticism. Critical essays in this volume draw from a wide range of standpoints, critiques and reflections, bringing together a remarkably …

Applying The Critical Lens To Judicial Officers And Legal Practitioners Involved In Sentencing Indigenous Offenders: Will Anyone Or Anything Do?, Elena Marchetti, Janet Ransley

Faculty of Law, Humanities and the Arts - Papers (Archive)

In recent years there have been many attempts aimed at transforming the relationship between Indigenous people and the criminal justice system in Australia. Some of these attempts have been directed at policing relationships, including such measures as community and night patrols. Others have focused on prisons, including attempts at greater cultural accommodation, and even the building of Aboriginal prisons. The focus of this article, however, is on the relationship between Indigenous people and court processes, especially in regards to sentencing. In particular, the article explores innovative sentencing courts, practices and principles introduced across the Australian jurisdictions specifically aimed at Indigenous …

The Morality Of The Social In Critical Accounts Of Popular Music, Andrew Whelan

Faculty of Law, Humanities and the Arts - Papers (Archive)

Talk about music, broadly understood, is commonly conducted and regarded as a neutral or transparent window on its topic. However, both vernacular and formal-analytic scholarly accounts constitute music as morally significant, and in doing so, articulate particular narratives of the social. One such contextual frame of reference for talking about music is presented and described here as 'art vs. commerce'. A close analysis is conducted of a sentence in a recent academic paper (with attention to its conceptual buttressing in antecedent texts), and of the opening of a research interview with a musician, so as to show how contemporary articulations …

Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman

Faculty of Law, Humanities and the Arts - Papers (Archive)

Food is essentially a primary need of all life to remain alive. Faults or carelessness of human beings renders foods unsafe, which may cause disease and death. This article examines selected food safety offenses of New South Wales aimed at assessing their definitional clarity and penal rationality looking through the lens of an offender's culpability. It carries out a critical analysis based on archival materials and concludes that the present offense provisions hold significant merits to regulate food safety; however, further clarity of their inherent complexities could enhance their efficacy.

Images Of Men In Feminist Legal Theory , Brian Bendig

Pepperdine Law Review

No abstract provided.

Engaging In Good Faith: Ethics, Archives, Critical Constitutionalisms - An Invited Response To Samuel W. Calhoun, Stopping Philadelphia Abortion Provider Kermit Gosnell And Preventing Others Like Him: An Outcome That Both Pro-Choicers And Pro-Lifers Should Support, Penelope J. Pether

Faculty of Law, Humanities and the Arts - Papers (Archive)

Like Professor Calhoun, I hold little hope for an end to this distinctive national battle in what Australian constitutional law scholars Tony Blackshield and George Williams, echoing Justice Scalia’s opinion in Romer v. Evans, aptly call our “‘culture war’ over issues of sexuality.” Other battles in this war, such as the current litigation in the federal courts over the constitutionality of bans on same-sex marriage or the controversy of the Obama Administration’s departure from its “science standard” in refusing the National Institutes of Health’s recommendations that the “morning after pill” be made available over-the-counter to minors, presently dot the jurisdiction, …

Scanning The Lifeworld: Toward A Critical Neuroscience Of Action And Interaction, Shaun Gallagher

Faculty of Law, Humanities and the Arts - Papers (Archive)

A recent report published in Neuron, a leading journal of neuroscience, by researchers at Japan's ATR Computational Neuroscience Laboratories (Miyawaki et al., 2008) has been the basis for a claim that new technology able to analyze signals in the brain "can reconstruct the images inside a person's mind and display them on a computer monitor." Although claims made in the actual research paper were much more modest, in the media the standard, optimistic predictions were quick to come. "These results are a breakthrough in terms of understanding brain activity. In as little as 10 years, advances in this field of …

The Good, The Law, And The Municipal Ideal - An Integrative Developmental View Of The Case Of The Speluncean Explorers And The Crisis Of Meaning In Western Jurisprudence, Sean S. Yang

Sean S Yang

For centuries, law had been understood as something sacred, transcendent, a set of righteous directives emanating from a divine authority. Less than three hundred years ago, something strange happened. A handful of humans began to think a new type of thought: they conceived the law as a self-contained system understandable on its own terms, its merit determined only by its consistency with "reason," the correctness and supremacy of which was self-evident. Less than one hundred years ago, something even stranger occurred: another handful of humans directed their attention to thought itself and began creating knowledge about knowledge, writing language about …