Law Commons^™

The National Park Service At 100, Donald J. Hellmann

Akron Law Review

In its first century, the National Park Service was transformed from an agency that managed a small number of western parks to one responsible for over 400 sites across the country. The management of these park sites has changed as well, with many new parks structured as a partnership effort between the National Park Service and surrounding cities and towns, as well as non-profit organizations and friends groups. The Park Service has had its work extended by Congress to reach beyond park boundaries in order to help states and local governments with resource preservation and the development of recreational opportunities …

From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold

Articles

Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …

Inferior To None: The First 175 Years Of Indiana Law (Timeline), Indiana University Maurer School Of Law

Historic Documents

A timeline of key events in the life of the Indiana University Maurer School of Law, 1835-2016.

Originally published in the publication Ergo, v.175, Spring 2017, pp.4-13

Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim

Nevada Law Journal

No abstract provided.

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

Law Library Newsletters/Blog

No abstract provided.

Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …

Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart

Michigan Journal of International Law

Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence.

Experience 100+, University Of Michigan Law School

Miscellaneous Law School History & Publications

100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2017-2019.

The Contract Clause: A Constitutional History By James W. Ely (Review), Jay D. Wexler

Shorter Faculty Works

If the Constitution were a zoo, what resident animal would the Contract Clause be? The clause, which is found in Article I, section 10 of our founding document, reads: “No state shall . . . pass any . . . Law impairing the Obligation of Contracts.” It certainly would not be one of the zoo’s star attractions; the Contract Clause is no First Amendment lion or Fourth Amendment tiger. But it is no bat-eared fox (the Letters of Marque Clause?) or Eurasian water shrew (the Third Amendment?) either. Based on reading Ely’s comprehensive history of the Contract Clause, perhaps it …

"The Theories Underlying The Con Environment" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Content from Cons and festivals dominate U.S. pop culture. The conventions serve as launching pads for new artists, entrepreneurs, and innovators. The smaller versions of these events create space to develop fan fiction, allow new artists to expose their work to interested audiences, and provide an entry point for new creative enterprises. As a cultural event and platform for expression, these events …

Law Library: 1859-2017, Barbara H. Garavaglia

Book Chapters

The Law Library was established in 1859 as part of the Law Department and continues to be "maintained and administered as a part of the instruction and research operation of the Law School." The library has been considered the "apparatus" of the Law Department and "the lawyer's laboratory." Indeed, this underlying view led the library to build a comprehensive collection that would provide "the means necessary for original investigation" and "permit scholars to do research work in any field of law, regardless of country or period." The collection development policy--to collect primary sources of law: statutes, civil law codes, court …

Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian

Journal of International Technology and Information Management

The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the …

Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr

Book Chapters

This chapter focuses on the use of mandatory pre-dispute arbitration clauses in a subset of consumer contracts – those involving consumer finance and investor products and services. Arbitration clauses are pervasive in financial contracts – for credit cards, bank accounts, auto loans, broker-dealer services, and many others. In the wake of the recent financial crisis, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). Dodd-Frank authorises the new Consumer Financial Protection Bureau (CFPB) and the Securities and Exchange Commission (SEC) to prohibit or condition the use of arbitration clauses in consumer finance and investment contracts, …

Explaining The Rise Of Isis, Anas Alqaed

Political Science Theses and Capstones

In this paper I study the circumstances that led to the rise the Islamic State in Iraq and Syria (ISIS/Daesh) and its economic power. I use articles, testimonies before US House of Representatives and analyze economic data to generate facts and draw conclusions. All references rely on primary source documents that were not released in an official capacity by ISIS. These are documents that have been released online by pro or anti-ISIS activists or information that was gathered and analyzed by research centers and international organizations. It is worth noting that non-officially released documents were very helpful in shedding more …

Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon

Faculty Scholarship

The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a judge …

Book Review, Ahmed White

Publications

No abstract provided.

The Heart Of Vincentian Higher Education, Dennis H. Holtschneider Cm.

Journal of Vincentian Social Action

It means a great deal to me to be here at St. John’s University, where I began my university service twenty-seven years ago. It has been my own great joy to spend my life in Vincentian education. Working in Vincentian Universities combines my love for the intellectual life with a desire to serve the poor that I myself received because I attended a Vincentian university in my youth. And it’s the great heart of a Vincentian university to see possibility in ALL the young. I doubt that Bishop Loughlin, whose idea that there should be a university for immigrants led …

Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell

Faculty Scholarship

For well over 125 years, many Americans have lost their tenancy-in-common property involuntarily in various legal proceedings. For example, courts throughout this country have often resolved partition actions, a legal proceeding in which a tenant in common seeks to exit a tenancy in common, by ordering a forced, partition sale of the property even when these courts could have ordered a remedy that would have preserved the property rights of the tenants in common. Though partition sales have negatively impacted a broad cross section of people in this country, the sales have particularly impacted poor and disadvantaged African-Americans, Hispanics, white …

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy that …

The New Labor Law, Kate Andrias

Articles

Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …

Trending @ Rwu Law: Michael Bowden's Post: Come & Celebrate Roger On The Block 08/31/2016, Michael Bowden

Law School Blogs

No abstract provided.

Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

4 pages

Contains 1 footnote

Letter addressed to Nick Cook, A/Team Leader, WSP Science & Evaluation - North, NSW Office of Water, from Geoff Scott, Chief Executive Officer, New South Wales Aboriginal Land Council.

Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Equalizing The Threat Of Noncompete Agreements: Solutions Beyond Louisiana’S Tangled Web Of Nullity, Kristen Amond

Louisiana Law Review

No abstract provided.

Rewards And Challenges Of Teaching Comparative Law In The Commonwealth Caribbean, Asya Ostroukh

Louisiana Law Review

No abstract provided.

Glimpses Of Marshall In The Military, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.