Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (15)
- Criminal Procedure (13)
- Law and Society (13)
- Criminal Law (12)
- Civil Rights and Discrimination (11)
-
- Legal Education (10)
- Law and Race (9)
- Legal Profession (8)
- Evidence (5)
- Legal Writing and Research (5)
- Social and Behavioral Sciences (5)
- Supreme Court of the United States (5)
- Courts (4)
- First Amendment (4)
- Immigration Law (4)
- Law Enforcement and Corrections (4)
- Law and Gender (4)
- Law and Politics (4)
- Legal History (4)
- Sexuality and the Law (4)
- Arts and Humanities (3)
- Civil Law (3)
- Human Rights Law (3)
- Jurisprudence (3)
- Legislation (3)
- Military, War, and Peace (3)
- American Politics (2)
- Communications Law (2)
- Comparative and Foreign Law (2)
- Institution
-
- University of Michigan Law School (16)
- Roger Williams University (9)
- University of Missouri-Kansas City School of Law (4)
- Saint Louis University School of Law (2)
- Selected Works (2)
-
- St. Mary's University (2)
- University of Baltimore Law (2)
- University of Colorado Law School (2)
- Loyola Marymount University and Loyola Law School (1)
- Pepperdine University (1)
- SelectedWorks (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- United Arab Emirates University (1)
- University of Kentucky (1)
- University of Maine School of Law (1)
- University of Missouri School of Law (1)
- University of New Mexico (1)
- University of Oklahoma College of Law (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Michigan Law Review (8)
- University of Michigan Journal of Law Reform (5)
- Faculty Works (4)
- Law Library Newsletters/Blog (4)
- Life of the Law School (1993- ) (4)
-
- Publications (2)
- University of Baltimore Law Forum (2)
- Alexandra Natapoff (1)
- Articles (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Julia M. Glencer (1)
- Kentucky Law Journal (1)
- Loyola of Los Angeles Law Review (1)
- Maine Law Review (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of Race and Law (1)
- Oklahoma Law Review (1)
- Pepperdine Law Review (1)
- Saint Louis University Law Journal (1)
- Saint Louis University Public Law Review (1)
- School of Law Conferences, Lectures & Events (1)
- St. Mary's Law Journal (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Touro Law Review (1)
- UAEU Law Journal (1)
- William & Mary Law Review (1)
- Yofi Tirosh (1)
- Publication Type
Articles 1 - 30 of 50
Full-Text Articles in Law
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
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.
Silence: Its Legal Effect On Concluding Contracts A Comparative Study
Silence: Its Legal Effect On Concluding Contracts A Comparative Study
UAEU Law Journal
Is based on mutual & verbal
Concluding a contract agreement/acceptance; however a contract can be concluded with several other ways. Silence does not necessarily express a specific view unless it is surrounded by certain conditions that may indicate that it expresses agreement/acceptance. There are some exceptions to the issue of silence when concluding a contract that silence would not necessarily mean agreement/acceptance. The essence of any legal behavior is free will which should be expressed clearly. All these exceptions are common and occur due to certain conditions which lead to silence.
The present study exemplifies some of the legislations; for …
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.
Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden
Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden
Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Confronting Silence: The Constitution, Deaf Criminal Defendants, And The Right To Interpretation During Trial, Deirdre M. Smith
Confronting Silence: The Constitution, Deaf Criminal Defendants, And The Right To Interpretation During Trial, Deirdre M. Smith
Maine Law Review
For most deaf people, interactions with the hearing community in the absence of interpretation or technological assistance consist of communications that are, at most, only partly comprehensible. Criminal proceedings, with the defendant's liberty interest directly at stake, are occasions in which the need for deaf people to have a full understanding of what is said and done around them is most urgent. Ironically, the legal “right to interpretation” has not been clearly defined in either statutory or case law. Although the federal and state constitutions do not provide a separate or lesser set of rights for deaf defendants, their situation …
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
A Culture Of Silence: Exploring The Impact Of The Historically Contentious Relationship Between African-Americans And The Police, Mikah K. Thompson
A Culture Of Silence: Exploring The Impact Of The Historically Contentious Relationship Between African-Americans And The Police, Mikah K. Thompson
Faculty Works
The relationship between African-Americans and the police has traditionally been focused on authority, control, and the enforcement of laws we now acknowledge were racially discriminatory. This historical relationship, when combined with a modern-day narrative that the police disproportionately stop, arrest, and utilize deadly force against African-Americans, has resulted in pervasive, inter-generational fear and distrust of the police. Most African-Americans view police officers not as the heroic protectors they can call upon when in need of help or the hard-hitting investigators they would trust to look into a family member’s murder. Instead, many African-Americans believe police officers have bought into the …
Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein
Loyola of Los Angeles Law Review
No abstract provided.
Stealth Advocacy Can (Sometimes) Change The World, Margo Schlanger
Stealth Advocacy Can (Sometimes) Change The World, Margo Schlanger
Michigan Law Review
Scholarship and popular writing about lawsuits seeking broad social change have been nearly as contentious as the litigation itself. In a normative mode, commentators on the right have long attacked change litigation as imperialist and ill informed, besides producing bad outcomes. Attacks from the left have likewise had both prescriptive and positive strands, arguing that civil rights litigation is “subordinating, legitimating, and alienating.” As one author recently summarized in this Law Review, these observers claim “that rights litigation is a waste of time, both because it is not actually successful in achieving social change and because it detracts attention and …
When Silence Requires Speech: Reviving The Right To Remain Silent In The Wake Of Salinas V. Texas., Brendan Villaneuva-Le
When Silence Requires Speech: Reviving The Right To Remain Silent In The Wake Of Salinas V. Texas., Brendan Villaneuva-Le
The Scholar: St. Mary's Law Review on Race and Social Justice
The history of an individual’s Constitutional right not to self-incriminate is complicated and counterintuitive. To eliminate this confusion, current Fifth Amendment jurisprudence should be altered. In Salinas v. Texas, the Supreme Court established silence alone is not enough to invoke an individual’s right to remain silent. Certain individuals face a significant disadvantage by this interpretation due to potential inabilities to understand their rights and how to invoke them. Providing clear and concise warnings better serves the Fifth Amendment’s original purpose, enabling people to know how to invoke their rights. The Supreme Court historically has adopted a liberal interpretation of the …
Silence Is Golden: Using A "Silent Scrolling Powerpoint" Series To Enhance Your Course Dynamic, Julia M. Glencer Professor
Silence Is Golden: Using A "Silent Scrolling Powerpoint" Series To Enhance Your Course Dynamic, Julia M. Glencer Professor
Julia M. Glencer
This article explores the use of an alternative teaching tool in a law school classroom as a method of inspiring law students and prompting excited engagement in both the underlying course and the legal profession. The author, a seven-year Legal Research & Writing Professor, first explains how she has used the automatic advance feature in Microsoft PowerPoint to create a semester series of weekly “Silent Scrolling PowerPoints,” 5 to 7 minutes in length, on a variety of topics of interest and inspiration to her first-year law students. She then summarizes the six benefits observed while experimenting with this tool over …
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
No abstract provided.
Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz
Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz
Michigan Law Review
You have the right to remain silent; anything you say can be used against you in a court of law. You have the right to an attorney; if you cannot afford an attorney, one will be provided to you at the state's expense. In 2010, the Supreme Court declined an opportunity to resolve the question of what courts should do when officers administer Miranda warnings in a situation where a suspect is not already in custody-in other words, when officers are not constitutionally required to give or honor these warnings. While most courts have found a superfluous warning to be …
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Michigan Journal of Race and Law
At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Publications
At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …
Comment On James Boyd White's Book "Living Speech" (Princeton 2006), Yofi Tirosh
Comment On James Boyd White's Book "Living Speech" (Princeton 2006), Yofi Tirosh
Yofi Tirosh
Professor White introduces a new way for thinking about speech; a new measure for assessing it. He invites us to use speech carefully and responsibly, in what he calls “living speech.” Caring about the value of speech is not merely an aesthetic endeavor. As meaning making creatures, as “centers of meaning,” we should know how to recognize the speech that is essential to our humanness. Because living speech is “what enables any of us to be a person in the first place” (16).
How can we recognize living speech? The short answer that White gives us, which is indeed poetic …
The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong
Faculty Publications
This article addresses a gap in the scholarly literature by comparing interpretive methodologies used by U.S. arbitrators to those used by international arbitrators to determine whether and to what extent U.S.-based class awards are enforceable outside the United States. Since many courts and arbitrators have claimed an analogy between consolidated and class arbitration, the article also considers whether such an analogy is appropriate as a matter of law and policy to identify whether the traditional disinclination to order consolidation can or should be extended to class proceedings. This second portion of the article is applicable to both domestic class arbitrations …
Methinks The Lady Doth Protest Too Little: Reassessing The Probative Value Of Silence, Mikah K. Thompson
Methinks The Lady Doth Protest Too Little: Reassessing The Probative Value Of Silence, Mikah K. Thompson
Faculty Works
The syllogism goes as follows: major premise - Innocent people proclaim their innocence in response to an accusation; minor premise - Defendant failed to respond to an officer's accusation that he killed his wife; conclusion - Defendant is guilty of killing his wife. This syllogism is the basis upon which courts and lawmakers allow a defendant's silence to be admitted into evidence as proof of guilt. They reason that it is quite appropriate for jurors to infer that innocent people would proclaim their innocence and, therefore, a defendant's decision not to speak constitutes evidence of his or her guilt.
This …
Europeanizing Self-Incrimination: The Right To Remain Silent In The European Court Of Human Rights, Mark Berger
Europeanizing Self-Incrimination: The Right To Remain Silent In The European Court Of Human Rights, Mark Berger
Faculty Works
Since it came into force in September, 1953, the European Convention on Human Rights has served as a reflection of Europe's movement toward the establishment of common standards of individual human rights and freedoms. The forty-five countries that are currently signatories to the Convention are subject to the jurisdiction of the European Court of Human Rights (ECHR) which was established in 1959 as a mechanism to interpret and enforce the obligations created by the Convention. Although the Convention contains no explicit reference to a right to remain silent, and despite the differing legal systems of the contracting states, the Court …
Is Silence Golden? Not After Hiibel V. Sixth Judicial District Court Of Nevada, James Ryan Kelly
Is Silence Golden? Not After Hiibel V. Sixth Judicial District Court Of Nevada, James Ryan Kelly
Saint Louis University Public Law Review
No abstract provided.
Silence Should Be Golden: A Case Against The Use Of A Defendant's Post-Arrest, Pre-Miranda Silence As Evidence Of Guilt, Marty Skrapka
Silence Should Be Golden: A Case Against The Use Of A Defendant's Post-Arrest, Pre-Miranda Silence As Evidence Of Guilt, Marty Skrapka
Oklahoma Law Review
No abstract provided.
Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff
Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff
Alexandra Natapoff
Criminalizing Silence: Hiibel And The Continuing Expansion Of The Terry Doctrine, E. Martin Estrada
Criminalizing Silence: Hiibel And The Continuing Expansion Of The Terry Doctrine, E. Martin Estrada
Saint Louis University Law Journal
No abstract provided.
Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White
Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White
Articles
This Essay is a slightly expanded version of the inaugural Mellinkoff Lecture in Law and Humanities, presented at the UCLA School of Law last April in honor of the memory of Professor David Mellinkoff, the distinguished author of ground-breaking work on the nature of legal language. It addresses four related questions. What is the nature of the kind of speech and expression that realizes most completely the human capacity for finding and expressing meaning? How does our own world of public speech measure up to that standard? How, indeed, does our own talk in the law measure up, especially our …
Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman
Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman
St. Mary's Law Journal
This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …