Law Commons^™

Ms. Attribution: How Authorship Credit Contributes To The Gender Gap, Jordana Goodman

Faculty Scholarship

Misattribution plagues the practice of law in the United States. Seasoned practitioners and legislators alike will often claim full credit for joint work and, in some cases, for the entirety of a junior associate’s writing. The powerful over-credit themselves on legislation, opinions, and other legal works to the detriment of junior staff and associates. The ingrained and expected practice of leveraging junior attorneys as ghost-writers is, to many, unethical. But it presents a distinct concern that others have yet to interrogate: misattribution disparately impacts underrepresented members of the legal profession.

This Article fills that space by offering a quantitative analysis …

Anti-Subordination Torts, Scott Skinner-Thompson

Publications

No abstract provided.

Preliminary Damages, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

Historically, the law helped impecunious plaintiffs overcome their inherent disadvantage in civil litigation. Unfortunately, this is no longer the case: modern law has largely abandoned the mission of assisting the least well off. In this Essay, we propose a new remedy that can dramatically improve the fortunes of poor plaintiffs and thereby change the errant path of the law: preliminary damages. The unavailability of preliminary damages has dire implications for poor plaintiffs, especially those wronged by affluent individuals and corporations. Resource constrained plaintiffs cannot afford prolonged litigation on account of their limited financial means. Consequently, they are forced to either …

Citizenship Disparities, Emily Ryo, Reed Humphrey

Faculty Scholarship

No abstract provided.

Changemakers: Master Of Studies In Law: 'Radical Imagination, Radical Listening', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Expanding The Women Peace And Security Agenda To Protect Women's Education In Afghanistan And Other Geographies Of Conflict, Rangita De Silva De Alwis

All Faculty Scholarship

While acknowledging the importance of the new Security Council Resolution 2601 adopted in October 2021, the Taliban’s ban on girls’ education reinforces the urgency for the adoption of a standalone Women Peace and Security (WPS) resolution that recognizes the disproportionate impact of conflict on girls’ education in places such as Afghanistan. This new WPS resolution must address girls’ and women’s education as key to sustaining peace and security. The WPS agenda is critical to a peace and security agenda and recognizes and advances women’s participation in peace and security. I argue that as they stand, the ten WPS Security Council …

The 5th Annual Stonewall Lecture: Featuring Keynote Speaker Taylor Brown, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Announcing The 2nd Annual Rbg Contest For K-12 Students 10-27-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Democracy At Work: The Sixth Circuit Upholds The Right Of The People Of Cincinnati To Choose Their Own Morality In Equality Foundation Of Greater Cincinnati, Inc. V. City Of Cincinnati, 128 F.3d 289 (6th Cir. 1997), Robert F. Bodi

Akron Law Review

The gay-rights movement, which has grown in power and influence over the last few decades, can no longer proclaim political powerlessness. The great proliferation of gay-rights groups and anti-discrimination laws and policies demonstrate this. Gay-rights organizations have had much success in promoting an agenda of tolerance and non-discrimination across America. The gay-rights movement, however, has since changed its goals from societal tolerance of homosexuals to outright acceptance even to the extent of legalizing same-sex marriage. Supporters of traditional mores, however, have begun to fight back. The public is responding to what it sees as an elitist court system that imposes …

'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter

Law Faculty Research Publications

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions …

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …

Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Discrimination Under A Description, Patrick S. Shin

Suffolk University Law School Faculty Works

In debates about the permissibility of certain kinds of differential treatment, our judgments often seem to depend on how the conduct in question is described. For example, legal prohibitions on same-sex marriage seem clearly impermissible insofar as they can be described as a form of sex discrimination, less clearly so, at least under federal law, if described simply as sexual orientation discrimination, and arguably not discriminatory at all insofar as they constitute a universally-imposed disability on marrying within one’s own sex. It seems, in other words, that the prohibition of same-sex marriage constitutes legally impermissible discrimination under some descriptions but …

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.

Bias Preservation In Machine Learning: The Legality Of Fairness Metrics Under Eu Non-Discrimination Law, Sandra Wachter, Brent Mittelstadt, Chris Russell

West Virginia Law Review

Western societies are marked by diverse and extensive biases and inequality that are unavoidably embedded in the data used to train machine learning. Algorithms trained on biased data will, without intervention, produce biased outcomes and increase the inequality experienced by historically disadvantaged groups. Recognizing this problem, much work has emerged in recent years to test for bias in machine learning and AI systems using various fairness and bias metrics. Often these fairness metrics address technical bias, but not the underlying cause of inequality: social bias. In this Article we make three contributions. First, we assess the compatibility of fairness metrics …

A Perfectly Empty Gift, Christina D. Ponsa-Kraus

Michigan Law Review

A Review of Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire. by Sam Erman.

Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Future Of Materialist Constitutionalism, Robert L. Tsai

Faculty Scholarship

This is a review essay of Camila Vergara, Systemic Corruption (Princeton 2020). In this lively and important book, Vergara argues that corruption should be given a structural definition, one that connects corruption with inequality and is plebeian rather than elitist. After surveying the work of thinkers from Machiavelli to Arendt, she proposes a set of solutions grounded in the civic republican tradition.

I press several points in my essay. First, Vergara's linkage of corruption with inequality is promising, but introduces tension between a general problem (domination of the many by the few) and a more specific problem (the domination of …

Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez

Journal of Race, Gender, and Ethnicity

No abstract provided.

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik

Scholarly Works

No abstract provided.

When Guns Threaten The Public Sphere: A New Account Of Public Safety Regulation Under Heller, Joseph Blocher, Reva B. Siegel

Faculty Scholarship

Government regulates guns, it is widely assumed, because of the death and injuries guns can inflict. This standard account is radically incomplete—and in ways that dramatically skew constitutional analysis of gun rights. As we show in an account of the armed protesters who invaded the Michigan legislature in 2020, guns can be used not only to injure but also to intimidate. The government must regulate guns to prevent physical injuries and weapons threats in order to protect public safety and the public sphere on which a constitutional democracy depends.

For centuries the Anglo-American common law has regulated weapons not only …

Perceptions Of Equality And Justice In African Americans: Implications For Well-Being And Success, Elaney C. Ortiz

Scripps Senior Theses

Focusing on the intersections of the perceptions of legal equality and justice and lived experiences of equality and justice in the Black Community, this study seeks to find an interaction between these different perceptions of equality and justice, and well-being and success for Black Americans. Grounded in theory, but taking an original approach to this field, it is hypothesized that increased perceptions of equality and justice in either realm will increase well-being and success. Distinctly, lower perceptions of equality and justice will contribute to lower levels of well-being and success. This research is critical, as it looks at the importance …

The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp

Publications

Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.

R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes

All Faculty Publications

Court comes to Pikangikum First Nation through the air. Judges, Crown attorneys, and defence lawyers fly into this Anishinaabe community, located 229 kilometres north of Kenora, Ontario, to hear bail, trial, and sentencing matters involving members of the community. And then they fly out. Many of those provincial court proceedings involve sentencing members of the community to jail in Kenora or to a penitentiary even further away. We suspect that s. 15 of the Charter is rarely discussed in the Pikangikum courtroom (which is sometimes a room in the business development centre and sometimes the Chinese restaurant), a reality that …

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.

Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik

Touro Law Review

This essay tests Professor Meera Deo’s unsettling assertion that “implicit bias” in law schools is holding minority female and, to a lesser extent minority male, faculty back. It then presents her second, and more provocative claim, that minority faculty can generally offer better training in “solving complex problems.”

Regarding the former claim, Deo explains that minority women are not hired according to fair standards, not welcomed when they are hired, and not fairly evaluated for promotion. In addition, she argues that minority women professors are abused by their students. Because Deo barely tries to substantiate the second claim, it is …

Inducing Acts In Rabbinic Law, Amy Birkan

Touro Law Review

No abstract provided.