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Full-Text Articles in Law

Law School News: Rooted In Commitment: Geovanny Amaya L'24, Michelle Choate Apr 2024

Law School News: Rooted In Commitment: Geovanny Amaya L'24, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law Apr 2024

Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Rwu School Of Law Launches Institute For Race And The Law And Celebrates Champions For Justice 3-22-2022, Roger Williams University School Of Law Mar 2024

Law School News: Rwu School Of Law Launches Institute For Race And The Law And Celebrates Champions For Justice 3-22-2022, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Champions For Justice 2024, Roger Williams University School Of Law Mar 2024

Champions For Justice 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales Mar 2024

Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales

Life of the Law School (1993- )

No abstract provided.


The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat Mar 2024

The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat

Pepperdine Law Review

In a recent speech, later published as an essay, the Hon. Benjamin Beaton of the United States District Court for the Western District of Kentucky shared his critical suggestions against the use of the honorific “Your Honor,” preferring instead the more neutral title “judge.” Judge Beaton’s reason for this preference stems from a fear that the current practice of judicial titles emphasizes status over function, which may inflate the individual judge’s ego while miscommunicating to the public that judges make, rather than find, law. This position, however, is misguided. Judicial titles emphasize the authority of the law through the authority …


121st Sibley Lecture: American Democracy In Peril, J. Michael Luttig Nov 2023

121st Sibley Lecture: American Democracy In Peril, J. Michael Luttig

Georgia Law Review

No abstract provided.


Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales Oct 2023

Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales

Life of the Law School (1993- )

No abstract provided.


Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman Aug 2023

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.


Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate Jan 2023

Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


The Art Of International Law, Hilary Charlesworth Jan 2023

The Art Of International Law, Hilary Charlesworth

American University Law Review

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”


Abandoning Animus, Robert L. Tsai Jan 2023

Abandoning Animus, Robert L. Tsai

Faculty Scholarship

This Essay presents a preliminary set of arguments against the legal concept of animus grounded in actual practice. After considering the major reasons advanced in support of the animus approach as well as the main objections, I argue that the end of animus may come once we confront the limits of judicial capacity. First, judges have not been willing or able to resort to the animus rationale to call out bigotry where the evidence of hostility is robust. These failures suggest that projects founded upon judicial review to reduce hateful motivations may be overly optimistic. Second, on the occasions the …


Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin Jan 2023

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …


New York Mental Hygiene Law Article 81 Proceedings: A Proposal To Better Protect The Best Interests Of An Alleged Incapacitated Person, Casey Marsh Jan 2023

New York Mental Hygiene Law Article 81 Proceedings: A Proposal To Better Protect The Best Interests Of An Alleged Incapacitated Person, Casey Marsh

Touro Law Review

Guardianship proceedings under New York Mental Hygiene Law Article 81 are intended to protect the personal needs and property management of an alleged incapacitated person. A guardian appointed for a person is responsible for making decisions in line with the best interests and wishes of his or her ward. While guardians serve a very important purpose, the current procedures of guardianship proceedings allow too much room for family members to bring a proceeding without the alleged incapacitated person’s best interests in mind. Often, people bring guardianship proceedings to fish for information on family members or to circumvent a future Surrogate’s …


U.S. Senate Confirms Judge Doris Pryor ’03 To Seventh Circuit, James Owsley Boyd Dec 2022

U.S. Senate Confirms Judge Doris Pryor ’03 To Seventh Circuit, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The United States Senate on Monday (Dec. 5) confirmed an Indiana University Maurer School of Law alumna to the U.S. Court of Appeals for the Seventh Circuit.

The confirmation of the Hon. Doris L. Pryor, who earned her law degree from the Law School in 2003, was historic.


Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law Nov 2022

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Textualism Today: Scalia’S Legacy And His Lasting Philosophy, Chase Wathen Jun 2022

Textualism Today: Scalia’S Legacy And His Lasting Philosophy, Chase Wathen

University of Miami Law Review

Appointed to the Supreme Court in 1986 by President Reagan, Justice Antonin Scalia redefined the philosophy of textualism. Although methods like the plain meaning rule had been around for over a century, the textualist philosophy of today was not mainstream. While Scalia’s textualism is thought to be a conservative philosophy, Scalia consistently maintained that it was judicial restraint rather than conservatism at the heart of his method. The key tenant of Scalia’s new textualism was an outright rejection of legislative history, which he often brought up in opinions only to mock and dismiss as irrelevant. Starting with the hypothesis that …


Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law May 2022

Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping Jan 2022

Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping

St. Mary's Journal on Legal Malpractice & Ethics

Judicial law clerks hold a unique and critical position in our legal system. They play a central part in the functioning of the judiciary, oftentimes writing the first draft of their judge’s opinions and serving as their trusted researcher and sounding board. Moreover, they are privy to the many highly confidential processes and private information behind the important work of the judiciary. It stands to reason the comprehensive set of ethical duties that bind the world of lawyers and judges should also provide guidance for judicial law clerks. The most important among those ethics rules is a duty of confidentiality. …


Changemakers Master Of Studies In Law: Adding Depth: Katie Mulvaney, Roger Williams University School Of Law Jan 2022

Changemakers Master Of Studies In Law: Adding Depth: Katie Mulvaney, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Changemakers: Master Of Studies In Law: 'Law Isn't A Foreign Language Anymore', Roger Williams University School O Law Jan 2022

Changemakers: Master Of Studies In Law: 'Law Isn't A Foreign Language Anymore', Roger Williams University School O Law

Life of the Law School (1993- )

No abstract provided.


Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm Jan 2022

Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm

Faculty Scholarship

Effective lawyering requires the ability to manage contradictory yet interdependent practices. In their role as traditionally understood, lawyers must fight, judge, debate, minimize risk, and advance clients’ interests. Yet increasingly, lawyers must ALSO collaborate, build trust, innovate, enable effective risk-taking, and hold clients accountable for adhering to societal values. Law students and lawyers alike struggle, often unproductively, to reconcile these tensions. Law schools often address them as a dilemma requiring a choice or overlook the contradictions that interfere with their integration.

This Article argues instead that these seemingly contradictory practices can be brought together through the theory and action of …


Law And Literature In The Work Of Robert Cover, Tawia Ansah Jan 2022

Law And Literature In The Work Of Robert Cover, Tawia Ansah

Touro Law Review

This Article argues that although Robert Cover seems to discount the role and the practical efficacy of literary texts within the context of legal interpretation, Cover’s work nevertheless discloses an extensive exploration of literature and of literary interpretation to frame his own legal interpretive practices. This is particularly the case regarding the development of his theory of law’s violence. The Article attempts to show that a close reading of Cover’s interpretation of literary texts in the service of his legal analyses discloses a buried theme pursuant to the violence of law: the threshold concept, between law and not-law, of the …


Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall Oct 2021

Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall

Washington and Lee Law Review Online

The conventional wisdom among Supreme Court scholars and commentators is that Chief Justice John Roberts is an institutionalist who cares deeply about both his personal legacy and the Supreme Court’s prestige over time. This essay challenges that belief. While the Chief certainly cares about how the Court is perceived by the public, as do most of the justices, what most defines Roberts is his hubris—not a concern for the Court’s legitimacy or even his own place in history. Across the vast landscape of constitutional law, Roberts has distorted precedent and ignored text and history to further his own policy preferences. …


An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law Oct 2021

An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: 'Nothing Short Of Extraordinary' 05/21/2021, Michael M. Bowden May 2021

Law School News: 'Nothing Short Of Extraordinary' 05/21/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


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

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.


School Of Law Grad Walk & Virtual Ceremony 05/21/2021, Roger Williams University School Of Law, Michael M. Bowden, Jill Rodrigues May 2021

School Of Law Grad Walk & Virtual Ceremony 05/21/2021, Roger Williams University School Of Law, Michael M. Bowden, Jill Rodrigues

School of Law Commencement (1996- )

No abstract provided.


Introduction To Reviving The American Jury, Nancy S. Marder Apr 2021

Introduction To Reviving The American Jury, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable Apr 2021

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.