Law Commons^™

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.

The Long And Winding Road To Carbon Neutrality: Can California’S Zero Emission Vehicle Survive The Twists And Turns Of The Legal System?, Erin Hudak

San Diego Journal of Climate & Energy Law

The effects of climate change are becoming more and more obvious every year, evidenced by extreme weather events, rising sea levels, and increased global temperature. In an effort to mitigate the damage caused by greenhouse gases, California Governor Gavin Newsom announced a goal to have all new passenger vehicles sold in California be Zero-Emission Vehicles (“ZEVs”) by 2035. This Article explores the possible legal issues that California’s ZEV mandate faces now and may face in the future. First, California will likely face a federal preemption challenge under the Clean Air Act. Second, the California Air Resources Board’s authority to mandate …

Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.

Head In The Bitcloud: A Discussion On The Copyrightability And Ownership Rights In Generative Digital Art And Non-Fungible Tokens, Amanda J. Sharp

San Diego Law Review

This Comment discusses three major copyright questions raised by non-fungible tokens (NFTs) creation and distribution in the digital art world. First, how does employing AI in the creation of generative and derivative digital art and NFTs affect the copyright requirements of authorship? Second, who is the rightful owner of an NFT image pre- and post-purchase? Finally, how does the first sale doctrine apply to NFT image purchases and are those protections enough to resolve future copyright-specific NFT claims? In Part I, an introductory example is laid out to showcase the complex issues generative and derivative digital art and NFT images …

Law School News: Roger Williams University School Of Law Withdraws From Us News Rankings 1-17-2023, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Introduction For Roger Williams University Law Review, Symposium Issue, 2023-24, Gregory W. Bowman

Roger Williams University Law Review

No abstract provided.

Law School News: Rwu Law Receives Major Gift & Matching Challenge To Launch Scholarship Supporting Diverse Students, Public Interest Careers 02/22/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Appealing Compelled Disclosures In Discovery That Threaten First Amendment Rights, Richard L. Heppner Jr.

Law Faculty Publications

Last year, the Supreme Court held in Americans for Prosperity Foundation v. Bonta that a California anti-fraud policy compelling charities to disclose the identities of their major donors violated the First Amendment. That holding stems from the 1958 case NAACP v. Alabama where the Court held that a discovery order compelling the NAACP to disclose the names of its members violated the First Amendment right of free association because of the members’ justifiable fear of retaliation.

In the over sixty years since NAACP v. Alabama, the Court has only decided a handful of cases about how compelled disclosures of …

Application And Implementation Of Modern Approaches And Views In International Relations Of The Republic Of Uzbekistan, Khabibullo Sadibakosev

Scientific reports of Bukhara State University

Introduction. The article discusses the essence and main new trends of the regional foreign policy of Uzbekistan in modern conditions. New trends in regional cooperation in the foreign policy of Uzbekistan revealed from the second half of 2016. Based on the analysis of the works of Uzbek political scientists, researchers, as well as specialists, the continuity of forms, methods, and mechanisms for ensuring stability in the Central Asian region is analyzed. The President of the Republic of Uzbekistan Shavkat Mirziyoyev in his Address to the Oliy Majlis on December 29, 2020, noted that in the face of today's complex geopolitical …

Perils Of The Reverse Silver Platter Under U.S. Border Patrol Operations, D. Anthony

University of Massachusetts Law Review

In the face of expanding U.S. Border Patrol operations across the country, that agency often acquires evidence during its searches that is unrelated to immigration or other federal crimes but may involve state crimes. States are then faced with the question of whether to accept such evidence for state prosecutions when it was lawfully obtained by federal agents consistent with federal law but in violation of the state’s own search and seizure provisions. Sometimes referred to as “reverse silver platter” evidence, states have come to widely varying conclusions as to the admissibility of federally obtained evidence that would clearly have …

The Doctrine Of Arguments Between Ibrahim And His People ( Applied Pattern), Khalid Ibrahim Hasaballah

UAEU Law Journal

The Lack of concern of the Islamic Nation (I.N.) to their doctrine yields illiterate and put its civilization behind all the other nations. Nowadays, the civilization of I.N. is in a decreasing state as a result of being less concerned on their doctrine. But despite of all these factors, the I.N. has proved its standing in the community with the help of Quraan as a guide in many ways and working with its doctrine resolve a lot of issues that showed up these days. Not only following the suggestions and non trust worthy sources. The philosophical logic is having a …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa

UAEU Law Journal

The main objective of this article is the limitations of the Security Council powers regarding its primary responsibility of maintaining international peace and security. The current article focuses on the possibility of applying the jus cogens norms doctrine (peremptory norms) to the Security Council decisions adopted in accordance with chapter vii of the United Nations charter. International peremptory norms are applied to international agreements and treaties, and this research proposes to extend the application of these norms to the Security Council decisions. If one of these decisions was in conflict with international peremptory norms, it will be void ab initio …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

Illinois Biometric Information Privacy Act Litigation In Federal Courts: Evaluating The Standing Doctrine In Privacy Contexts, Michael Mcmahon

Saint Louis University Law Journal

Biometric technology, used to identify individuals based on their unchangeable and unique attributes such as fingerprints or facial geometry, has become commonplace in modern life. In Illinois, the use of biometric information by private organizations is regulated by the Illinois Biometric Privacy Act (“BIPA”), which came into effect in 2008 as the nation’s first state biometric information privacy statute. BIPA is unique in that it includes a private right of action and provides for recovery of liquidated damages where the statute is violated, which has resulted in plaintiffs bringing steadily increasing numbers of class-action suits under the law. This note …

Law Of The Gun: Unrepresentative Cases And Distorted Doctrine, Eric Ruben

Faculty Journal Articles and Book Chapters

There is a familiar saying, “If all you have is a hammer, everything looks like a nail.” The so-called Law of the Hammer takes a distinctive form in adjudication. If all judges see is one repeating fact pattern for a given area of law, they might perceive it as archetypical and build the law around it. If that fact pattern does not accurately reflect the field, however, the result can be analytical distortion in terms of both the choice of doctrine and its implementation.

This Article uses Second Amendment jurisprudence to illustrate this phenomenon. It reveals how District of Columbia …

Re-Reading Chevron, Thomas W. Merrill

Faculty Scholarship

Though increasingly disfavored by the Supreme Court, Chevron remains central to administrative law doctrine. This Article suggests a way for the Court to reformulate the Chevron doctrine without overruling the Chevron decision. Through careful attention to the language of Chevron itself, the Court can honor the decision’s underlying value of harnessing comparative institutional advantage in judicial review, while setting aside a highly selective reading that unduly narrows judicial review. This re-reading would put the Chevron doctrine – and with it, an entire branch of administrative law – on firmer footing.

Evolution Of United States Navy Amphibious Landing Doctrine During World War Ii, Jaedon A. Foreman

Honors Thesis

Leaving World War I and heading into World War II the United States Navy had to prepare for an unforeseen future on the open seas. After the attack on Pearl Harbor the United States was thrust into World War II and needed an effective amphibious landing doctrine to be able to counter adversary advances. This thesis covers the evolution of landing doctrine from the beginning to the end of World War II while highlighting the impacts that Operations Torch, Husky, Shingle, and Overlord had on the Navy's landing doctrine after the war.

Treating Professionals Professionally: Requiring Security Of Position For All Skills-Focused Faculty Under Aba Accreditation Standard 405(C) And Eliminating 405(D), Lucille Jewel, J. Lyn Goering, Susie Salmon, Craig Smith, Kristen Robbins-Tiscione, Melissa Weresh

College of Law Faculty Scholarship

In 2014, the American Bar Association (ABA) decided to retain Accreditation Standard 405 in its current form to preserve tenure for law faculty as well as the status, security of position, governance rights, and academic freedom that tenure provides. In doing so, the ABA also preserved the long-standing hierarchy that elevates doctrine-focused faculty over skills-focused faculty. That hierarchy discriminates against skills-focused faculty, particularly those who specialize in legal writing--most of whom are women. This paper calls on the ABA to address this discrimination against skills-focused faculty and the negative effects it has on schools, faculty, and students. As explained in …

Treating Professionals Professionally: Requiring Security Of Position For All Skills-Focused Faculty Under Aba Accreditation Standard 405(C) And Eliminating 405(D), Lucille Jewel

Scholarly Works

In 2014, the American Bar Association (ABA) decided to retain Accreditation Standard 405 in its current form to preserve tenure for law faculty as well as the status, security of position, governance rights, and academic freedom that tenure provides. In doing so, the ABA also preserved the long-standing hierarchy that elevates doctrine-focused faculty over skills-focused faculty. That hierarchy discriminates against skills-focused faculty, particularly those who specialize in legal writing--most of whom are women. This paper calls on the ABA to address this discrimination against skills-focused faculty and the negative effects it has on schools, faculty, and students. As explained in …

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A Call To Clarify The "Scope Of Authority" Question Of Qualified Immunity, Pat Fackrell

Cleveland State Law Review

It is no secret the doctrine of qualified immunity is under immense scrutiny. Distinguished jurists and scholars at all levels have criticized the doctrine of qualified immunity, some calling for it to be reconsidered or overruled entirely.

Amidst this scrutiny lies uncertainty in the doctrine’s application. Specifically, the federal courts of appeal are split three ways on the question of whether an official exceeding the official’s scope of authority under state law at the time of the alleged constitutional violation can successfully assert qualified immunity. Some courts of appeal do not require the official to demonstrate he acted within the …

Data-Centric Technoloiges: Patent And Copyright Doctrinal Disruptions, Tabrez Y. Ebrahim

Nova Law Review

Data-centric technologies create information content that directly controls, modifies, or responds to the physical world. This information content resides in the digital world yet has profound economic and societal impact in the physical world. 3D printing and artificial intelligence are examples of data-centric technologies. 3D printing utilizes digital data for eventual printing of physical goods. Artificial intelligence learns from data sets to make predictions or automated decisions for use in physical applications and systems. 3D printing and artificial intelligence technologies are based on digital foundations, blur the digital and physical divide, and dramatically improve physical goods, objects, products, or systems. …

The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May

Law Faculty Articles and Essays

I’ve long considered teaching doctrine and skills together in a single course to be the holy grail of legal education. If we could do so successfully, we might make significant strides in providing a legal education that better prepares our students to be practicing lawyers. In spring 2016, my colleague Professor April Cherry and I took the plunge and collaboratively offered a course titled Estates and Trusts: Doctrine and Drafting at our institution, Cleveland-Marshall College of Law. This essay describes our experience and lessons learned pursuing the holy grail.

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao

Honors Theses

Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years …

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …

Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel

Law School Blogs

No abstract provided.

The Ideology Of Human Rights, Makau Wa Mutua

Makau Mutua

This piece argues that although human rights is an ideology although it presents itself as non-ideological, non-partisan, and universal. It contends that the human rights corpus, taken as a whole, as a document of ideals and values, particularly the positive law of human rights, requires the construction of states to reflect the structures and values of governance that derive from Western liberalism, especially the contemporary variations of liberal democracy practiced in Western democracies. Viewed from this perspective, the human rights regime has serious and dramatic implications for questions of cultural diversity, the sovereignty of states, and the universality of human …

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

Law Library Newsletters/Blog

No abstract provided.