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Articles 1 - 30 of 40
Full-Text Articles in Law
Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence
Faculty Scholarship
This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …
Delaware's Dominance, Wyoming's Dare: New Challenge, Same Outcome?, Pierluigi Matera
Delaware's Dominance, Wyoming's Dare: New Challenge, Same Outcome?, Pierluigi Matera
Faculty Scholarship
Despite increasing criticism, Delaware's dominance in corporate law has not experienced a significant decline: as of today, 67.8 percent of Fortune 500 companies are still incorporated in its jurisdiction. Nevada is known as Delaware's most important competitor, with an aggressive strategy that has overridden the efforts of any other jurisdiction. Yet, its success has been limited to a specific market segment: small firms with low institutional shareholding and high insider ownership.
Scholars suggest several explanations for both the rise and the staying power of Delaware. These explanations are essentially subsumed under the credible commitment theory and the network theory. According …
Jurisdictions Of Judicial Seizure Officers At The Various Stages Of Evidences Within The Federal Penal Procedures Law No.35 Of The Year 1992
UAEU Law Journal
The writer discussed in Chapter I the definition of evidences explaining their meaning, types, importance and restrictions on searching for them.
In chapter II he wrote about the stages of evidence collection and procedures to be followed via Judicial Seizure Officers, stating that the proofing power of an evidence goes into three stages, i.e. suspicion, availability of sufficient evidences and physical involvement. Each stage has its own procedures to which the writer assigned a separate research.
The most important conclusion reached by this research is a recommendation to amend para (2) of Article 33 of the Federal Penal Procedures Law …
Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
Dickinson Law Review (2017-Present)
Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Law School News: Faq For 3ls 04-07-2020, Roger Williams University School Of Law
Law School News: Faq For 3ls 04-07-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
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.
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Touro Law Review
No abstract provided.
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
Touro Law Review
No abstract provided.
2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law
2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law
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
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.
Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law
Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Rising Star: Maria Viveiros, Rwu Class Of 2017 (May 2018), Roger Williams University School Of Law
A Rising Star: Maria Viveiros, Rwu Class Of 2017 (May 2018), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Comparative Approaches To Constitutional History, Jamal Greene, Yvonne Tew
Comparative Approaches To Constitutional History, Jamal Greene, Yvonne Tew
Faculty Scholarship
An historical approach to constitutional interpretation draws upon original intentions or understandings of the meaning or application of a constitutional provision. Comparing the ways in which courts in different jurisdictions use history is a complex exercise. In recent years, academic and judicial discussion of “originalism” has obscured both the global prevalence of resorting to historical materials as an interpretive resource and the impressive diversity of approaches courts may take to deploying those materials. This chapter seeks, in Section B, to develop a basic taxonomy of historical approaches. Section C explores in greater depth the practices of eight jurisdictions with constitutional …
The Definition Of A 'Place Of Effective Management' At Article 4 Paragraph 3 Of The 2014 Oecd Model Tax Convention, Shkumbin Asllani
The Definition Of A 'Place Of Effective Management' At Article 4 Paragraph 3 Of The 2014 Oecd Model Tax Convention, Shkumbin Asllani
UBT International Conference
The jurisdiction to tax is based on the connection of either the person or the income namely the concept of residence and the source taxation. The residence principle is based on the presumption that a state will tax its residents on their global income, while the source taxation is based on the connection of a particular income earn to the other state. Jurisdictions, for decades now enter into tax treaties to reduce or eliminate double taxation by relinquishing completely or partly their taxing rights. Yet, in international taxation when two or more states impose taxes on the same taxpayer for …
Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz
Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz
Law School Blogs
No abstract provided.
Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky
Law School Blogs
No abstract provided.
Good Cause Is Bad News: How The Good Cause Standard For Record Access Impacts Adult Adoptees Seeking Personal Information And A Proposal For Reform, Christopher G.A. Loriot
Good Cause Is Bad News: How The Good Cause Standard For Record Access Impacts Adult Adoptees Seeking Personal Information And A Proposal For Reform, Christopher G.A. Loriot
University of Massachusetts Law Review
There are many hurdles that adult adoptees face when seeking access to personal information contained in original birth records or adoption proceedings. One such hurdle is the widely-used good cause standard, which requires adoptees seeking information to show good cause to obtain access. This standard is problematic primarily for its vagueness. Very few jurisdictions that use this standard define “good cause” in any meaningful way, and case law interpreting good cause statutory language is inconsistent at best. Although it is meant to protect the privacy interests of all parties in an adoption proceeding, the good cause standard acts as a …
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Jill M. Fraley
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Maryland Journal of International Law
No abstract provided.
Australia's Marine Jurisdictions Under International And Domestic Law, Warwick Gullett, G. Rose
Australia's Marine Jurisdictions Under International And Domestic Law, Warwick Gullett, G. Rose
Warwick Gullett
This chapter explains Australia's international maritime zones and domestic marine jurisdictions in order to understand the nature and geographical operation of laws that apply in Australian waters. The task of determining the type of laws that can operate in Australian waters, as well as the geographical extent of those laws, is particularly difficult because Australia is a federation. In addition to authorising the Australian Parliament to make certain laws offshore, the Australian Constitution also enables the state parliaments to regulate some offshore activities. It is helpful if these laws are spatially defined so that people can know which laws apply …
End-Of-Life Decision-Making In Canada: The Report By The Royal Society Of Canada Expert Panel On End-Of-Life Decision-Making, Udo Schuklenk, Johannes J. M. Van Delden, Jocelyn Downie, Sheila Mclean, Ross Upshur, Daniel Marc Weinstock
End-Of-Life Decision-Making In Canada: The Report By The Royal Society Of Canada Expert Panel On End-Of-Life Decision-Making, Udo Schuklenk, Johannes J. M. Van Delden, Jocelyn Downie, Sheila Mclean, Ross Upshur, Daniel Marc Weinstock
Reports & Public Policy Documents
This report on end-of-life decision-making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters: Chapter 1 reviews what is known about end-of-life care and opinions about assisted dying in Canada, Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death, Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada’s constitutional order, Chapter 4 reviews the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying …
The Multiplication Of International Jurisdictions And The Integrity Of International Law, Luis Barrionuevo Arevalo
The Multiplication Of International Jurisdictions And The Integrity Of International Law, Luis Barrionuevo Arevalo
ILSA Journal of International & Comparative Law
While the multiplication of international courts shows the vitality and versatility of international law, it can also create serious problems for its unity and coherence and ultimately lead to its fragmentation.
Identical Cousins? On The Road With Dilution And The Right Of Publicity, Mary Lafrance
Identical Cousins? On The Road With Dilution And The Right Of Publicity, Mary Lafrance
Scholarly Works
The dilution doctrine and the right of publicity have a great deal in common, because both represent property-like rights that have evolved from legal doctrines largely unrelated to property concerns. Although both doctrines have engendered controversy in the United States, the dilution doctrine generally evokes greater skepticism and confusion. This Article evaluates how these concepts are viewed in a number of jurisdictions outside the United States. From this examination, two conclusions emerge. First, despite the similarities between the doctrines, countries do not tend to adopt or reject them in tandem. Second, the degree to which each doctrine achieves widespread and …
Crime, Criminals, And Competitive Crime Control, Wayne A. Logan
Crime, Criminals, And Competitive Crime Control, Wayne A. Logan
Michigan Law Review
Given the negative consequences of crime, it should come as no surprise that states will endeavor to make their dominions less hospitable to potential criminal actors. This predisposition, when played out on a national stage, would appear ripe for a dynamic in which states will seek to "out-tough" one another, leading to a spiral of detrimental competitiveness. Doran Teichman, in an article recently appearing in these pages, advances just such a view. Teichman posits that the decentralized structure of America's federalist system provides states with "an incentive to increasingly harshen" their crime control efforts, with the net result being excessive …
The Political Market For Criminal Justice, Rachel E. Barkow
The Political Market For Criminal Justice, Rachel E. Barkow
Michigan Law Review
In 2004, the number of individuals incarcerated in the United States exceeded the two million mark. The current incarceration rate in the United States is 726 per 100,000 residents, the highest incarceration rate in the Western world and a dramatic increase from just three decades ago. Not only are more people serving time, but sentences have markedly lengthened. What should we make of these trends? The answer has been easy for most legal scholars: to them, the incarceration rate in the United States is too high, and reforms are necessary to lower sentences. But many political leaders and voters reach …
Decentralizing Crime Control: The Political Economy Perspective, Doron Teichman
Decentralizing Crime Control: The Political Economy Perspective, Doron Teichman
Michigan Law Review
In an article recently published on the pages of this Law Review, The Market for Criminal Justice: Federalism, Crime Control, and Jurisdictional Competition ("The Market"), I put forward a theory of crime control in a decentralized government. Specifically, I made three distinct claims. First, criminal justice policies affect the geographic decision of criminals as to where to commit their crimes. Other things being equal, criminal activity will tend to shift to areas in which the expected sanction is lower. Second, local jurisdictions attempting to lower their crime rates will react to policies adopted by neighboring jurisdictions and try …
Yuval Shany, The Competing Jurisdictions Of International Courts And Tribunals (Philllipe Sands Et Al. Eds.2003) 348 Pp., Candice Whyte
Yuval Shany, The Competing Jurisdictions Of International Courts And Tribunals (Philllipe Sands Et Al. Eds.2003) 348 Pp., Candice Whyte
University of Miami International and Comparative Law Review
No abstract provided.