Law Commons^™

Emergency Room To The Courtroom: Providing Abortion Care Under Emtala And State Abortion Bans, Natasha Rappazzo

Dickinson Law Review (2017-Present)

After the Supreme Court eliminated the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, states began to broadly criminalize abortion. Abortion is criminalized and restricted even in situations that constitute an emergency medical condition under the Emergency Medical Treatment and Labor Act (“EMTALA”). State abortion bans with limited medical exceptions conflict with EMTALA’s protections for emergency screening and stabilization. Legal challenges to the scope of EMTALA show a growing divide and uncertainty on emergency abortion care in the United States. This Comment will discuss why physicians cannot confidently provide quality and competent abortion care without the …

25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Inaction As A State Response To The Coronavirus Outbreak: Unconstitutionality By Omission, Antonios Kouroutakis

Seattle University Law Review SUpra

The World Health Organization on March 11 declared the novel coronavirus outbreak a pandemic. While the pandemic was spreading across the globe, governments were under pressure to respond. Still, some countries during the first wave of the pandemic, in their first reaction, did not put in place any emergency regulations. Such reaction, which was a policy option, was an intended omission as lawmakers and policy makers decided not to take action and such emergency omission was a novelty and a paradox in emergency situations. Moreover, I argue that during emergencies governments have a distinct duty to act, and I offer …

Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren

St. Mary's Law Journal

During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …

A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan

Dickinson Law Review (2017-Present)

Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.

Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …

23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

On Environmental, Climate Change & National Security Law, Mark P. Nevitt

All Faculty Scholarship

This Article offers a new way to think about climate change. Two new climate change assessments — the 2018 Fourth National Climate Assessment (NCA) and the United Nations Intergovernmental Panel’s Special Report on Climate Change — prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change a “super wicked” environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement …

22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness, Brian T. Candelaria

American Indian Law Journal

No abstract provided.

Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Your Latest Town Hall Faq 04-22-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Faq For 1ls 04-16-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Filling The Illinois Federal District Court Vacancies, Carl Tobias

Pepperdine Law Review

President Donald Trump repeatedly argues that appellate court appointments constitute his major success. The President and the United States Senate Republican Party majority have established records by approving fifty very conservative, young, and capable appellate court jurists. However, their confirmations have exacted a toll, particularly from the many federal district courts which address seventy-nine unfilled positions in 677 judicial posts. One constructive illustration has been the three Illinois tribunals which confront five pressing openings. The Administrative Office of the United States Courts classifies three as “emergencies,” because the vacant seats have been protracted and involve substantial caseloads. Despite this circumstance, …

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.

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor

Faculty Scholarship

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives — and their emergency management law enforcement actors — when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I …

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor

Seattle University Law Review

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives—and their emergency management law enforcement actors—when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose to focus on …

21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Ferpa Close-Up: When Video Captures Violence And Injury, Richard J. Peltz-Steele, Kitty L. Cone

Faculty Publications

Federal privacy law is all to often misconstrued or perverted to preclude the disclosure of video recordings that capture students victimized by violent crime or tortious injury. This misuse of federal law impedes transparency and accountability and, in many cases, even jeopardizes the health, safety, and lives of children. When properly construed, however, federal law is no bar to disclosure and, at least in public schools, works in tandem with freedom of information laws to ensure disclosure. This Article posits that without unequivocal guidance from federal administrative authorities, uncertainty regarding the disclosure of such recordings will continue to linger, jeopardizing …

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

Law School Blogs

No abstract provided.

F17rs Sgr No. 4 (Medical Amnesty), Maxwell Martin, Austin Grashoff

Student Senate Enrolled Legislation

A RESOLUTION

URGING THE STUDENT CODE OF CONDUCT REVIEW COMMITTEE TO APPROVE THE EMERGENCY RESPONSE AMNESTY POLICY

Crime Spectators And The Tort Of Objectification, Amelia J. Uelmen

University of Massachusetts Law Review

Reports of how some bystanders interact with victims on the scene of an emergency are shocking. Instead of assisting or calling for help, these individuals take pictures or recordings of the victims on their cell phones. This Article concentrates on the question of whether such an interaction with a victim might in certain circumstances constitute a distinct and legally actionable harm. This Article proposes a new tort: exploitative objectification of a person in need of emergency assistance. It works to articulate the moral and legal foundations for an argument that treating a person in need of emergency assistance as an …

Examining The Impacts Of Current Malpractice Frameworks And Emtala On Emergency Medicine, Sai Balasubramanian

Nova Law Review

Emergency medicine is a relatively new medical specialty, and has

gained popularity in the last decade for both its irreplaceable role in the

healthcare system, as well as the numerous social, legal, and administrative

developments that have emerged as a result of the field’s exponential

growth.1 Emergency medicine is defined by the American College of

Emergency Physicians (“ACEP”) as “the medical specialty dedicated to the

diagnosis and treatment of unforeseen illness or injury.”

Otterbein Environmental Health & Safety Update, Tara Chinn

Otterbein Police Department

No abstract provided.

All Dried Out: How Responses To Drought Make Droughts Worse, Vanessa Casado-Pérez

Faculty Scholarship

Water usage is governed through a variety of mechanisms, including government administration and market tools. In 2006-2008 Barcelona’s region, a water scarce area, suffered a drought comparable to the one faced today by the US West. This article surveys a variety of techniques which were or could have been used to address these scarcity challenges. Spanish water regulations established water markets in 1999 but neither the design, nor its implementation were optimal. In addition to the design and implementation flaws, the response to the 2006-2008 drought crisis shows how emergency measures highjack water markets as a viable solution to water …

Prep And Our Youth: Implications In Law And Policy, Jason Potter Burda

Faculty Publications

Truvada®, an antiretroviral medication originally approved to treat HIV, is the first drug to receive FDA approval for use by HIV-negative individuals to actually prevent infection. The prophylactic use of an antiretroviral such as Truvada is a pharmacological prevention method called “HIV pre-exposure prophylaxis” (or “PrEP”). With an efficacy of over ninety percent when used as prescribed, Truvada as PrEP has been embraced by the public health community, and implementation is under way across the United States. Truvada as PrEP is currently indicated for adult use only, but it may also be prescribed off-label to at-risk youth. In this Article, …

The Real Emergency: Will Florida Follow Georgia In Medical Malpractice Reform?, Michelle Diaz

Nova Law Review

With the high increased costs of insurance premiums and advances

in medicine, tort reform has become a rising area of conflict in the law.1

States are found in conflict with the high costs of insurance while at the same

time protecting an individual’s rights to seek just compensation in the law

Reforming Healthcare Reform, Jacqueline Fox

University of Richmond Law Review

No abstract provided.