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Silence

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Full-Text Articles in Law

Retraction Of "Trauma Reverberations: A Study Of Selected Novels", Intisar Rashid Khaleel, Raed Idrees Mahmood Dec 2023

Retraction Of "Trauma Reverberations: A Study Of Selected Novels", Intisar Rashid Khaleel, Raed Idrees Mahmood

Journal of STEPS for Humanities and Social Sciences

No abstract provided.


Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden Oct 2022

Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Retracted: Trauma Reverberations: A Study Of Selected Novels, Intisar Rashid Khaleel, Raed Idrees Mahmood Jul 2022

Retracted: Trauma Reverberations: A Study Of Selected Novels, Intisar Rashid Khaleel, Raed Idrees Mahmood

Journal of STEPS for Humanities and Social Sciences

Trauma is typically associated with both physical and mental traumas created by tremendous external forces that enslave both the conscious and unconscious minds. The terrible experiences of women produced by numerous strong forces, such as battle, seduction, abuse, incarceration, and so on, are repeated. Women's lives are haunted by nightmares, hallucinations, and other sorts of traumatic symptoms when terrible memories of the past are purposefully buried. It is, nonetheless, possible to use story to solve difficulties. In actuality, there are two pillars to this technique: a mending device and a "bearing witness" device. Through the process of coding and narrating, …


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.


Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2021

Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Silence: Its Legal Effect On Concluding Contracts A Comparative Study Mar 2021

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 Mar 2021

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 Feb 2021

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 Feb 2021

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 Nov 2018

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 May 2018

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 Nov 2017

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 Jan 2017

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 Nov 2016

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 Jan 2016

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 Apr 2015

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 Jan 2014

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 Dec 2012

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 Oct 2012

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.


Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz May 2012

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 Sep 2011

¡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 Jan 2011

¡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 Mar 2010

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 Jul 2009

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 Jan 2008

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 Apr 2006

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 Jan 2006

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 Jan 2006

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 Oct 2005

Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff

Alexandra Natapoff

Over one million defendants pass through the criminal justice system every year, yet we almost never hear from them. From the first Miranda warnings, through trial or guilty plea, and finally at sentencing, most defendants remain silent. They are spoken for by their lawyers or not at all. The criminal system treats this pervasive silencing as protective, a victory for defendants. This Article argues that this silencing is also a massive democratic and human failure. Our democracy prizes individual speech as the main antidote to governmental tyranny, yet it silences the millions of poor, socially disadvantaged individuals who directly face …


Criminalizing Silence: Hiibel And The Continuing Expansion Of The Terry Doctrine, E. Martin Estrada Mar 2005

Criminalizing Silence: Hiibel And The Continuing Expansion Of The Terry Doctrine, E. Martin Estrada

Saint Louis University Law Journal

No abstract provided.