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Articles 1 - 30 of 75
Full-Text Articles in Law
After The Criminal Justice System, Benjamin Levin
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: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer
University of Miami Inter-American Law Review
This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell
Dalhousie Law Journal
What can André Zucca’s photos, taken during the Nazi occupation of Paris, tell us about the law to come or the challenges it will pose to lawyers, legal scholars and legal educators? In short: Zucca’s photos serve not just as a cipher for a past in need of reckoning but as a caution about abiding a present in which crisis is always just out of frame. In the throes of slow-motion apocalypse, what should an intellectual be? And for whom? In 80 years, when someone is rifling through an attic shoebox of our history, will we appear like the subjects …
Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway
Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway
Utah Law Review
I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …
Law School News: Dr. Fauci Calls On Rwu Graduates To Preserve 'Truth Justice, Diversity And Equality' 05/20/2022, Jill Rodrigues, Roger Williams University School Of Law
Law School News: Dr. Fauci Calls On Rwu Graduates To Preserve 'Truth Justice, Diversity And Equality' 05/20/2022, Jill Rodrigues, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Blue Water Navy, Hannah Melinda Woods
Blue Water Navy, Hannah Melinda Woods
Veterans Studies Undergraduate Capstones
For years, Veterans who served on ships during the Vietnam war have been denied access to Agent Orange Veterans Affairs benefits. These group of veterans are called the Blue Water Navy. This paper explores the background of this issue, legislation coming about this issue, and the against sides of this issue.
The Role Of Truth-Telling In Indigenous Justice, Sara L. Ochs
The Role Of Truth-Telling In Indigenous Justice, Sara L. Ochs
Journal of Race, Gender, and Ethnicity
No abstract provided.
Reparations And The International Law Origin Story, John Linarelli
Reparations And The International Law Origin Story, John Linarelli
Journal of Race, Gender, and Ethnicity
No abstract provided.
Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway
Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway
Faculty Scholarly Works
I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …
A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson
A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson
Honors Theses
Through its incarceration of simple possession offenders, Mississippi is failing to acknowledge the severity of addiction and importance of mental health. In this paper, I will examine Mississippi’s history of opinion and policy on drug use. In order to gain a better understanding of addiction and Mississippi’s criminal justice system, I interview several individuals with experience in varying aspects of these issues. Mississippi has one of the highest rates of incarceration in the United States, with stringent laws regarding the possession of narcotics. Mississippi’s mental health resources have been deemed unconstitutionally deficient on more than one occasion, and addicts are …
Setting The Health Justice Agenda: Addressing Health Inequity And Injustice In The Post-Pandemic Clinic, Emily Benfer, James Bhandary-Alexander, Yael Cannon, Medha D. Makhlouf, Tomar Pierson-Brown
Setting The Health Justice Agenda: Addressing Health Inequity And Injustice In The Post-Pandemic Clinic, Emily Benfer, James Bhandary-Alexander, Yael Cannon, Medha D. Makhlouf, Tomar Pierson-Brown
Faculty Scholarly Works
The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States—including in access to justice, housing, health care, employment, and education—have produced predictably disparate results. The authors, law school clinicians and professors involved with medical-legal partnerships, discuss the lessons learned by employing a health justice framework in teaching students to address issues of health inequity during the pandemic. The goal of health justice is to eliminate health disparities that are linked …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
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 School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden
Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
Righting The Wrongfully Convicted: How Kansas's New Exoneree Compensation Statute Sets A Standard For The United States, Scott Connolly
Righting The Wrongfully Convicted: How Kansas's New Exoneree Compensation Statute Sets A Standard For The United States, Scott Connolly
St. John's Law Review
(Excerpt)
Part I of this Note will document the increasing prevalence of exonerations and provide a perspective on how significantly the landscape of postconviction justice has developed since the late 1980s. Such developments include DNA testing, greater awareness of false confessions, and a more thorough understanding of the unreliability of eyewitnesses. Part II will demonstrate the devastating impact that wrongful imprisonment has on exonerees. Finally, Part III of this Note will provide a snapshot of the current landscape of exoneree compensation laws. It will highlight the fact that many of the laws that exist do not provide sufficient resources and …
The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
School of Law Conferences, Lectures & Events
No abstract provided.
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson
Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson
All Faculty Scholarship
In the first change to the Model Penal Code since its promulgation in 1962, the American Law Institute in 2017 set blameworthiness proportionality as the dominant distributive principle for criminal punishment. Empirical studies suggest that this is in fact the principle that ordinary people use in assessing proper punishment. Its adoption as the governing distributive principle makes good sense because it promotes not only the classic desert retributivism of moral philosophers but also crime-control utilitarianism, by enhancing the criminal law’s moral credibility with the community and thereby promoting deference, compliance, acquiescence, and internalization of its norms, rather than suffering the …
Law School News: Rwu Law Student Has Posted Over 100 Motivational Post-It Notes On Student Lockers 10-30-2019, Xaviea Brown
Law School News: Rwu Law Student Has Posted Over 100 Motivational Post-It Notes On Student Lockers 10-30-2019, Xaviea Brown
Life of the Law School (1993- )
No abstract provided.
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
Indiana Journal of Global Legal Studies
Oliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). …
Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden
Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden
A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Georgia State University Law Review
Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …
Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez
Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez
University of Richmond Law Review
This article discusses the impact that the incorporation of migration enforcement has had on the criminal justice system and the way in which it has exacerbated pre-existing problems within it. Part I discusses the drastic expansion of the criminal justice system over the last forty years and the fiscal and moral costs it has had. Part II discusses how crimmigration has impacted the criminal justice system, its laws, policies, and practices during the last thirty years. Part III discusses the rise of the Smart on Crime movement and the goals of the criminal justice reform efforts to combat its detrimental …
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
William & Mary Law Review
This Article investigates the relationship between the decisions by lawmakers to use municipal and criminal systems to generate revenue and the lack of access to individual defense representation by using the Ferguson, Missouri, municipal court as a case study. The Article chronicles the myriad constitutional rights that were violated on a systemic basis in Ferguson’s municipal court and how those violations made the city’s reliance on the court for revenue generation possible. The Article also documents how the introduction of individual defense representation, even on a piecemeal basis, played a role in altering Ferguson’s system of governance. Using this case …
Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky
Law School Blogs
No abstract provided.
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell
Seattle University Law Review
When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These …