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Full-Text Articles in Law

Orientation 2023 : Roger Williams University School Of Law, Roger Williams University School Of Law Aug 2023

Orientation 2023 : Roger Williams University School Of Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Minnesota Statutes Section 243.166 Subdivision 1(B) Has Got To Go: Why Requiring Predatory Offender Registration Based On A Charge As Opposed To A Conviction Violates Procedural Due Process, Alison Baker Faul Jan 2023

Minnesota Statutes Section 243.166 Subdivision 1(B) Has Got To Go: Why Requiring Predatory Offender Registration Based On A Charge As Opposed To A Conviction Violates Procedural Due Process, Alison Baker Faul

Mitchell Hamline Law Review

No abstract provided.


A New Stage In The Struggle For Voting Rights, Lynn Adelman Jun 2022

A New Stage In The Struggle For Voting Rights, Lynn Adelman

University of Arkansas at Little Rock Law Review

No abstract provided.


Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr. Jan 2022

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

All Faculty Scholarship

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms of …


Securities Law: Overview And Contemporary Issues, Neal Newman, Lawrence J. Trautman Dec 2021

Securities Law: Overview And Contemporary Issues, Neal Newman, Lawrence J. Trautman

Faculty Scholarship

This is not your grandfather’s SEC anymore. Rapid technological change has resulted in novel regulatory issues and challenges, as law and policy struggles to keep pace. The U.S. Securities and Exchange Commission (SEC) reports that “the U.S. capital markets are the deepest, most dynamic, and most liquid in the world. They also have evolved to become increasingly fast and extraordinarily complex. It is our job to be responsive and innovative in the face of significant market developments and trends.” With global markets increasingly interdependent and interconnected and, “as technological advancements and commercial developments have changed how our securities markets operate, …


Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen Jul 2021

Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen

Washington and Lee Law Review

Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for “crimes involving moral turpitude,” or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple assault generally is not. For a crime to qualify as a CIMT, it must include depraved conduct and some level of intent.

The CIMT framework has been criticized for a variety of reasons. Not only is it defined ambiguously with outdated language, but the moral values it enshrines can sometimes …


Conflicts Over Domain Names, Rami Olwan Mar 2021

Conflicts Over Domain Names, Rami Olwan

UAEU Law Journal

The study explores legal implications posed by the growth of establishing websites and registration of domain names. The researcher introduces his paper by providing readers with a primary introduction to domain names, their definitions, the Domain Name System (DNS), types of domain names either generic; Top level domains (gTLDS) or country code Top Level Domains (ccTLDS), domain names registration procedures and registration authorities (registrars, registry operators). The researcher also compares trademarks and domain names, mention different types of disputes that occur over domain names including cyber squatting, typo squatting, cyber-smearing and reverse domain name hijacking. The paper includes technical and …


Guilt By Association On The Docks And In The Casinos, Conor Byrnes Jan 2021

Guilt By Association On The Docks And In The Casinos, Conor Byrnes

Touro Law Review

No abstract provided.


Law School News: Your Latest Town Hall Faq 04-22-2020, Roger Williams University School Of Law Apr 2020

Law School News: Your Latest Town Hall Faq 04-22-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Faq For 1ls 04-16-2020, Roger Williams University School Of Law Apr 2020

Law School News: Faq For 1ls 04-16-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Legal Procedure For Registration And Implementation Of The Results Of Public Environmental Control, O. Utegenov Apr 2020

Legal Procedure For Registration And Implementation Of The Results Of Public Environmental Control, O. Utegenov

Review of law sciences

The article analyzes the registration issues and implementation of the results of public environmental control. The author analyzes the legal basis for the registration and implementation of the results of public environmental control, national and international scientific literature, as well as the experience of developed countries in the formulation and application of the results of public environmental control. Suggestions have been developed on the main forms for reporting public environmental control results: preparation of a certificate or information and further improvement of legislation on the registration and implementation of public environmental monitoring results.


Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law Mar 2020

Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: F.A.Q.: Covid-19 And Rwu Law, Roger Williams University School Of Law Mar 2020

Law School News: F.A.Q.: Covid-19 And Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard Jan 2020

Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard

Marquette Law Review

The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …


Registration Is Fundamental, Brian L. Frye, Nicole E. Pottinger Jan 2018

Registration Is Fundamental, Brian L. Frye, Nicole E. Pottinger

Law Faculty Scholarly Articles

Under the Copyright Act, copyright owners can file infringement actions only if registration of their copyright claim with the Copyright Office “has been made” or “has been refused.” The United States Supreme Court recently granted certiorari in Fourth Estate v. Wall-Street.com, in order to decide whether registration is “made” when a claimant files a registration application or when the Copyright Office registers the claim.

This article argues that the Court should hold that registration occurs when the Copyright Office registers the claim, in order to ensure that federal courts can benefit from the expertise of the Copyright Office. The Copyright …


Structuring Relief For Sex Offenders From Registration And Notification Requirements: Learning From Foreign Jurisdictions And From The Model Penal Code: Sentencing, Nora V. Demleitner Jan 2018

Structuring Relief For Sex Offenders From Registration And Notification Requirements: Learning From Foreign Jurisdictions And From The Model Penal Code: Sentencing, Nora V. Demleitner

Scholarly Articles

This paper first discusses the scope of sex offender registration and notification under federal and state laws, and contrasts U.S. laws with those in other countries. Part III turns to the prevailing rationales for these laws and tests their empirical validity. It highlights the negative effect of registries and notification on criminal investigations, and the cost they impose on public coffers, public safety, and those labeled sex offenders. Part IV discusses a set of proposals to turn registries, which may serve a limited legitimate function, into more effective law enforcement tools while restricting public notification. This section outlines ex ante …


Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot Jan 2018

Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot

Scholarly Works

The harms of puppy mills have been well-publicized over the past decade: hundreds of female dogs living out their lives in small cages, producing puppies for sale with each heat cycle, with neither the breeding stock nor puppies receiving normal veterinary care. In popular media, academic critiques, activist publications, and legislative discussion, puppy mills are contrasted with smallvolume dog breeders—the hobby breeder or inadvertent breeder who has only a few dogs and treats them as pets or members of the family, breeding occasionally for personal reasons. Both state and federal laws have been designed to regulate puppy mills and other …


Emerging From Daimler's Shadow: Registration Statutes As A Means To General Jurisdiction Over Foreign Corporations, Nicholas D'Angelo Oct 2017

Emerging From Daimler's Shadow: Registration Statutes As A Means To General Jurisdiction Over Foreign Corporations, Nicholas D'Angelo

St. John's Law Review

(Excerpt)

This Note argues for the increased exercise of general jurisdiction based on registration statutes. Carefully drafted state statutes, explicitly stating that corporations registering to do business in a state thereby consent to general jurisdiction, not only solve the consequences of Daimler, but also fully comport with traditional values of fairness.

Part I outlines the jurisprudential history related to general jurisdiction. Section A begins with the concept of territoriality introduced in Pennoyer and the minimum contacts analysis in International Shoe, then discusses the modern doctrine in Perkins, Helicopteros, and Goodyear, culminating with Daimler. Section …


Exceeding Its Authority: The Uspto Prevents Federal Registration Of Medical Marijuana Trademarks, Stephanie Gambino Oct 2017

Exceeding Its Authority: The Uspto Prevents Federal Registration Of Medical Marijuana Trademarks, Stephanie Gambino

Seattle University Law Review

The United States Patent and Trademark Office (USPTO) took concrete steps to reduce transaction costs to consumers purchasing medical marijuana products by creating a category for medical marijuana products within International Class 5. However, that decision was rescinded quickly. Then, the USPTO overreached its statutory authority by ordering a wholesale prohibition of federal registration for medical marijuana trademarks. This Comment argues that because the USPTO overreached its statutory authority in prohibiting federal registration for medical marijuana trademarks, it should reinstate the category for medical marijuana products and allow medical marijuana producers to seek federal registration of their trademarks. Part I …


Evolution Of Uas Policy In The Wake Of Taylor V. Huerta, Ryan J. Wallace, Jon M. Loffi Jul 2017

Evolution Of Uas Policy In The Wake Of Taylor V. Huerta, Ryan J. Wallace, Jon M. Loffi

International Journal of Aviation, Aeronautics, and Aerospace

The U.S. Court of Appeals recently ruled that the Federal Aviation Administration exceeded their statutory authority in requiring model aircraft and hobbyist UAS operators to register their aircraft in a national database. The ruling represents a significant blow to the agency’s credibility in leading UAS integration into the National Airspace System. The paper points to several possible outcomes of the Taylor v. Huerta decision and its impact on the FAA’s ability to continue to lead change in the burgeoning UAS field.


Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr. Jan 2017

Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr.

All Faculty Scholarship

This essay examines the law applicable to secured transactions. It addresses in particular the codification of the choice-of-law rules for secured transactions (STCOL rules). These rules address the laws applicable to the creation, perfection, priority, and enforcement of security interests (security rights)—a form of legislative or statutory dépeçage. It draws on the 2016 UNCITRAL Model Law on Secured Transactions (Model Law) as well as relevant North American law (Uniform Commercial Code Article 9 and the Canadian provincial Personal Property Security Acts). The STCOL rules lie at the heart of the emerged and emerging modern principles of secured transactions law …


S16rs Sgfb No. 7 (Speech Conference), Jeffery Anderson Apr 2016

S16rs Sgfb No. 7 (Speech Conference), Jeffery Anderson

Student Senate Enrolled Legislation

No abstract provided.


S16rs Sgfb No. 16 (Gary English), Lopes Apr 2016

S16rs Sgfb No. 16 (Gary English), Lopes

Student Senate Enrolled Legislation

No abstract provided.


What Notice Did, Jessica D. Litman Jan 2016

What Notice Did, Jessica D. Litman

Articles

In the twenty-first century, copyright protection is automatic. It vests in eligible works the instant that those works are first embodied in a tangible format. Many Americans are unaware of that, believing instead that registration and copyright notice are required to secure a copyright. That impression is understandable. For its first 199 years, United States copyright law required authors to take affirmative steps to obtain copyright protection. The first U.S. copyright statute, enacted by Congress in 1790, required the eligible author of an eligible work to record the title of the work with the clerk of the court in the …


F15rs Sgfb No. 2 (Meinke), Leah Sanders, Bret Wagner Oct 2015

F15rs Sgfb No. 2 (Meinke), Leah Sanders, Bret Wagner

Student Senate Enrolled Legislation

No abstract provided.


F15rs Sgfb No. 3 (Nsslha), Kenneth Coleman Oct 2015

F15rs Sgfb No. 3 (Nsslha), Kenneth Coleman

Student Senate Enrolled Legislation

No abstract provided.


Ip Basics: Avoiding Patent, Trademark And Copyright Problems, Thomas G. Field Jr. Jan 2015

Ip Basics: Avoiding Patent, Trademark And Copyright Problems, Thomas G. Field Jr.

Law Faculty Scholarship

Patents, copyrights and trademarks, as well as trade secrets and related rights, can be used to exclude free riders. These rights are collectively called "intellectual property" or IP.


Ip Basics: Copyright In Written Work, Thomas G. Field Jr. Jan 2015

Ip Basics: Copyright In Written Work, Thomas G. Field Jr.

Law Faculty Scholarship

Written primarily for free-lance writers, this discussion addresses ownership and duration of copyrights, deposit and registration, notice, and remedies that are closely tied to prompt registration. It also discusses licensing and other matters of interest, as well as the need for counsel.


Ip Basics: Trademarks And Business Goodwill, Thomas G. Field Jr. Jan 2015

Ip Basics: Trademarks And Business Goodwill, Thomas G. Field Jr.

Law Faculty Scholarship

This is information all business owners need if they wish to preserve their hard-won goodwill. It discusses, for example, the important differences between strong and weak marks for products and services, the value of state and federal registrations and the importance of searches (to avoid wasting money).


Ip Basics: Copyright For Digital Authors, Thomas G. Field Jr. Jan 2015

Ip Basics: Copyright For Digital Authors, Thomas G. Field Jr.

Law Faculty Scholarship

Written for computer artists and programmers, this paper addresses the basics, as well as the registration of multiple works, difference between works that are and are not prepared "for hire," and other matters of interest to entrepreneurs as well as to free-lance programmers and artists.