Law Commons^™

The River Of Accountability Mechanisms: Then And Now, Suresh Nanwani

Perspectives

In 1993, the river of international accountability mechanisms (IAMs) commenced from its source – the World Bank Inspection Panel (The Panel). In its journey the river was fed by the tributaries of similar accountability mechanisms from other development institutions, including four regional development banks – the Inter-American Development Bank in 1994, the Asian Development Bank in 1995, the European Bank for Reconstruction and Development in 2003, and the African Development Bank in 2006. It also welcomed other entities – bilateral institutions like Japan Bank for International Cooperation (2003) and Proparco (2018), United Nations Development Program (2014) and other organizations like …

Title Ix At Fifty: Reimagining Institutional Liability Under Karasek's Pre-Assault Theory, Delaney R. Davis

Georgia Law Review

Unfortunately, sexual misconduct remains a pervasive problem on college campuses throughout the country. While victims of sexual harassment and assault can report these incidents to their university, these institutions often fail to respond adequately. Investigations into the alleged misconduct are often unnecessarily delayed and school officials neglect to inform victims about the status of their cases. Even more troubling, institutions opt to impose informal sanctions on perpetrators without consulting victims. In such instances, students can hold educational institutions accountable for these deficiencies by suing under Title IX. This is easier said than done. Typically, a plaintiff must prove that their …

"Use And Improve" Is My Accountability Mantra, Despite 30 Years Of Eye-Opening Disappointments, Natalie Bridgeman Fields

Perspectives

This essay finds justification for championing the continued existence, functioning and evolution of Independent Accountability Mechanisms (IAMs). An inside assessment of the thirty-year functioning of IAMs reveals that inadequate power and independence are severely hampering IAM efforts to hold actors accountable for harm. Simultaneously, IAMs can’t make progress without the underlying financial institutions reforming their incentive structures to reward harm prevention and remedy. Despite decades of systemic failure to deliver accountability, when exceptions happen, they are worth it and can be spectacular. With an influx of new climate-related funding expected at the financial institutions, exceptions need to become the rule. …

Seeing The Supreme Court As A Whole Institution: Law And Social Science, Morgan L. W. Hazelton

Saint Louis University Law Journal

No abstract provided.

“Safe Spaces” And “Brave Spaces”: The Case For Creating Law School Classrooms That Are Both, Laura P. Graham

University of Miami Law Review

Over the past decade, the subject of “safe spaces” on college and university campuses has received much press. As originally conceived, the term “safe space” refers to an environment—often a physical space—in which “everyone feels comfortable expressing themselves and participating fully, without fear of attack, ridicule, or denial of experience.” And while this original conception may not seem controversial, the meaning of “safe spaces” as applied to higher education classrooms is a subject of ongoing vigorous debate. On one side of the debate are those who believe that safe spaces foster learning by making it possible for students to be …

The Investigation Of Grievances (Al- Nazar Fi Al -Mazalim ) It's Rises , Development , And Jurisdiction A Study In The History Of Islamic Institution

UAEU Law Journal

During the late Umayyad period the (Caliph) had established a special procedure to deal with the complaints which had been presented to him, and in consequence had created the institution of (Al-Nazar fi Al-Mazalim), or the investigation of grievances. It had been developed into one of the most important office in the state.

There are some questions which had been raised in the literature on the subject by various authors regarding it's nature and origins. This articale tries to answer some of these questions by examining the rise of this institution and it's developments, and determine it's origins and judicial …

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

Life of the Law School (1993- )

No abstract provided.

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Reimagining Reentry: A Vision For Transformative Justice Beyond The Carceral State, Kemiya Nutter

Ethnic Studies Senior Capstone Papers

Throughout the past decade, mass incarceration has emerged as a buzzword within academic scholarship and public policy discourse that seeks to examine the unparalleled expansion of the contemporary carceral state. With 2.2 million Americans imprisoned and over 7 million under various forms of penal control, the United States maintains the highest rate of incarceration in the world. The unprecedented inflation in the nation’s incarceration rate is a direct manifestation of the 1970’s War on Drugs, which enabled the legislative transformations that permeate modern sentencing policy and procedure. Institutions of policing, surveillance, and incarceration are constitutive features of the carceral system’s …

Standing In Between Sexual Violence Victims And Access To Justice: The Limits Of Title Ix, Hannah Brenner Johnson

Faculty Scholarship

Sexual violence proliferates across communities, generally, and is especially prevalent in places like colleges and universities. As quasi-closed systems, colleges and universities are governed by their own internal norms, policies, and federal laws, like Title IX of the Education Amendments of 1972, which address how sex discrimination must be handled in institutions of higher education that are in receipt of federal funds. Title IX focuses on all facets of sex discrimination including reporting, investigation, adjudication, and prevention. When schools are accused of failing to adequately respond to reports of sexual misconduct on their campuses, Title IX has been interpreted by …

Law School News: Remembering Rwu Laws Founding Dean 9-10-2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Making It Affordable 06-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Amazing Dorothy Crockett: How An African-American Woman From Providence Became, In 1932, The 7th Woman Ever Admitted To The Rhode Island Bar 05-14-2019, Michael M. Bowden

RWU Law

No abstract provided.

Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch

Seattle University Law Review

This Comment asserts that students who experience discrimination on the basis of parental status have a cause of action under Title IX by using the gender stereotyping theory that is common in Title VII analysis as illustrated by Tingley-Kelley v. Trustees of the University of Pennsylvania. Part I will first provide an overview of the applicable law surrounding Title IX and Title VII. Part II will briefly summarize application of the gender stereotype theory and the applicable case law that provides the legal framework for this proposition. Part III will detail how the Title VII framework can be followed to …

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.

The Federal Circuit As An Institution, Ryan G. Vacca

Law Faculty Scholarship

The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created to address a unique set of problems specific to patent law. These characteristics have affected its institutional development and made the court one of the most frequently studied appellate courts. This chapter examines this development and describes the evolving qualities that have helped the Federal Circuit distinguish itself, for better or worse, as an institution.

This chapter begins with an overview of the concerns existing before creation of …

Comparative Analysis Of Innovation Failures And Institutions In Context, Mark Mckenna

Journal Articles

Many different legal and non-legal institutions govern and therefore shape knowledge production. It is tempting, given the various types of knowledge, knowledge producers, and systems with and within which knowledge and knowledge producers and users interact, to look for reductionist shortcuts — in general but especially in the context of comparative institutional analysis. The temptation should be resisted for it leads to either what Harold Demsetz called the Nirvana Fallacy or what Elinor Ostrom critiqued as myopic allegories.

We suggest that comparative institutional analysis must be accompanied by comparative failure analysis, by which we mean rigorous and contextual comparative analysis …

Law School News: Diversity, Front And Center, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Rwu Remembers Former President Natale A. Sicuro 1-8-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

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 …

Bridging The Divide Between Assessment And Accreditation, Docia L. Rudley

NYLS Law Review

No abstract provided.

When Teachers Go Viral: Balancing Institutional Efficacy Against The First Amendment Rights Of Public Educators In The Age Of Facebook, Watt Lesley Black Jr.

Missouri Law Review

How can public school administrators reach legally and ethically defensible decisions in cases as widely divergent as Keith Allison and Karen Fitzgibbons? How can they protect the efficacy of their school systems while still respecting the First Amendment rights of their employees? When can they take adverse employment action against educators on the basis of speech that is posted online, and under what circumstances is that speech protected? Does the Connick public concern requirement effectively remove all constitutional protection from public educators who are active on social media, irrespective of whether their speech is disruptive? This Article addresses these questions …

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.

Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit

University of Massachusetts Law Review

In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (VCCLEA), a provision of which revoked Pell Grant funding “to any individual who is incarcerated in any federal or state penal institution.” This essay highlights the counter-productive effects this particular provision has on penological goals. The essay suggests Congress acknowledge the failures of the ban on Pell Grant funding for prisoners, and restore such funding for all qualified prisoners.

Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia

DePaul Journal of Women, Gender and the Law

Prison is an oppressive institution created for men, by men. While some may argue that oppression is the point of prison, this oppression is still created for and directed toward men. Because the paradigm of a prisoner is a violent male, the needs and concerns of women are often not considered. Female prisoners, therefore, experience layers of oppression: intended oppression inherent in the prison system, as well as gender-based oppression inherent in our society. Furthermore, incarcerated mothers experience a third layer of oppression due to their roles and expectations in society. “The mother” is glorified, but when a woman breaks …