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Full-Text Articles in Law

Taking Care Of Our Future: Considering Gender In Juvenile Reentry Reform, Delaney J. Dibble Jan 2024

Taking Care Of Our Future: Considering Gender In Juvenile Reentry Reform, Delaney J. Dibble

Roger Williams University Law Review

No abstract provided.


Wild Horse Concepts, Llc V. Hasbro, Inc., 286 A.3d 848 (R.I. 2023)., Aidan L. Boisvert Jan 2024

Wild Horse Concepts, Llc V. Hasbro, Inc., 286 A.3d 848 (R.I. 2023)., Aidan L. Boisvert

Roger Williams University Law Review

No abstract provided.


State V. Decosta, 293 A.3d 297 (R.I. 2023)., Maddi Leite Jan 2024

State V. Decosta, 293 A.3d 297 (R.I. 2023)., Maddi Leite

Roger Williams University Law Review

No abstract provided.


Sosa V. City Of Woonsocket, 297 A.3d 120 (R.I. 2023)., Samantha B. Larkin Jan 2024

Sosa V. City Of Woonsocket, 297 A.3d 120 (R.I. 2023)., Samantha B. Larkin

Roger Williams University Law Review

No abstract provided.


Montaquila V. Flagstar Bank, Fsb, 288 A.3d 967 (R.I. 2023)., Joseph R. Forcino Jan 2024

Montaquila V. Flagstar Bank, Fsb, 288 A.3d 967 (R.I. 2023)., Joseph R. Forcino

Roger Williams University Law Review

No abstract provided.


Police Prosecutors In Rhode Island: The Wisdom Of Separate Lanes, Andrew P. Dunphy Jan 2024

Police Prosecutors In Rhode Island: The Wisdom Of Separate Lanes, Andrew P. Dunphy

Roger Williams University Law Review

No abstract provided.


Noonan V. Sambandam, 296 A.3d 670 (R.I. 2023)., Grant E. Mooney Jan 2024

Noonan V. Sambandam, 296 A.3d 670 (R.I. 2023)., Grant E. Mooney

Roger Williams University Law Review

No abstract provided.


State V. Gibson, 291 A.3d 525 (R.I. 2023)., Katherine Norman Jan 2024

State V. Gibson, 291 A.3d 525 (R.I. 2023)., Katherine Norman

Roger Williams University Law Review

No abstract provided.


State V. Delossantos, 289 A.3d 1163 (R.I. 2023)., Jack Smeloff Jan 2024

State V. Delossantos, 289 A.3d 1163 (R.I. 2023)., Jack Smeloff

Roger Williams University Law Review

No abstract provided.


Origin Stories: The Three Godmothers Of Title Ix, Susan Ware Jan 2024

Origin Stories: The Three Godmothers Of Title Ix, Susan Ware

Roger Williams University Law Review

No abstract provided.


In Re Block Island Power Co., 288 A.3d 589 (R.I. 2023)., Alexandra N. Lebeau Jan 2024

In Re Block Island Power Co., 288 A.3d 589 (R.I. 2023)., Alexandra N. Lebeau

Roger Williams University Law Review

No abstract provided.


Something To Wine About: Why Rhode Island’S Restrictions For Out-Of-State Wine Retailers Are Unconstitutional, Sara Jane Pruell Jan 2024

Something To Wine About: Why Rhode Island’S Restrictions For Out-Of-State Wine Retailers Are Unconstitutional, Sara Jane Pruell

Roger Williams University Law Review

No abstract provided.


State V. Joseph, 297 A.3d 490 (R.I. 2023)., Erica Whaley Jan 2024

State V. Joseph, 297 A.3d 490 (R.I. 2023)., Erica Whaley

Roger Williams University Law Review

No abstract provided.


Sun, Surf, And Suppression: Unconstitutional Voting Restrictions In Rhode Island Beach Enclaves, David Marks Jan 2024

Sun, Surf, And Suppression: Unconstitutional Voting Restrictions In Rhode Island Beach Enclaves, David Marks

Roger Williams University Law Review

No abstract provided.


Capaldi V. Capaldi, 295 A.3d 822 (R.I. 2023)., Katherine S. Kazarian Jan 2024

Capaldi V. Capaldi, 295 A.3d 822 (R.I. 2023)., Katherine S. Kazarian

Roger Williams University Law Review

No abstract provided.


Non-Judicial Recusals In Rhode Island: Empirical Evidence And Suggestions For Reform, Ross E. Cheit, Rose Lang-Maso Jan 2024

Non-Judicial Recusals In Rhode Island: Empirical Evidence And Suggestions For Reform, Ross E. Cheit, Rose Lang-Maso

Roger Williams University Law Review

No abstract provided.


2024 Justice For All Symposium: Transformative Gender Jan 2024

2024 Justice For All Symposium: Transformative Gender

Roger Williams University Law Review

No abstract provided.


From Andy Warhol To Barbie: Copyright’S Fair Use Doctrine After Andy Warhol Foundation V. Goldsmith, Niki Kuckes Jan 2024

From Andy Warhol To Barbie: Copyright’S Fair Use Doctrine After Andy Warhol Foundation V. Goldsmith, Niki Kuckes

Roger Williams University Law Review

No abstract provided.


From Margins To Center: Elevating The Voices Of Disadvantaged Families In Child Welfare, Jerron R. Wheeler Jan 2024

From Margins To Center: Elevating The Voices Of Disadvantaged Families In Child Welfare, Jerron R. Wheeler

Faculty Articles

This essay sheds light on the systemic challenges faced by indigent, minority families within the child welfare system, using personal experiences from my time as a student at the University of Florida Levin College of Law as a lens. This essay aims to highlight the intersection of poverty, race, and the child welfare system, showing how these factors can hinder parents' ability to reunite with their children despite their best efforts. The essay seeks to underscore the urgent need for a more nuanced, multidisciplinary approach to child welfare advocacy that includes legal professionals, social workers, and health professionals working collaboratively …


Public Accommodations Laws, Free Speech Challenges, And Limiting Principles In The Wake Of 303 Creative, Michael L. Smith Jan 2024

Public Accommodations Laws, Free Speech Challenges, And Limiting Principles In The Wake Of 303 Creative, Michael L. Smith

Faculty Articles

In 303 Creative LLC v. Elenis, the United States Supreme Court ruled that Colorado's Anti-Discrimination Act's prohibition of discrimination on the basis of sexual orientation violated the First Amendment rights of Lorie Smith, a website designer who refused to make wedding websites for same-sex couples. This Article argues that the Court's ruling rested on a vision of state control over speech that was divorced from the law before it. Using this framing of the law to conjure up inapplicable hypothetical scenarios of state-mandated expression, the Court found in Smith's favor. And yet, in responding to the dissent's concerns that the …


Breaking Bias: A Singular Chapter Solution For Racial Equity In Consumer Bankruptcy, Jerron R. Wheeler Jan 2024

Breaking Bias: A Singular Chapter Solution For Racial Equity In Consumer Bankruptcy, Jerron R. Wheeler

Faculty Articles

This article explores the aftermath of the Covid-19 pandemic, revealing a looming medical debt crisis among Black families, while examining the intersection of racial bias, attorney practices, and the existing two-chapter consumer bankruptcy system. Proposing a solution, the article advocates for the consolidation of Chapters 7 and 13 into a single chapter, citing the Consumer Bankruptcy Reform Act of 2020 (CBRA) as a potential remedy. Further, this article argues that a single chapter would simplify the bankruptcy process, reducing the influence of attorney bias and promoting uniform eligibility criteria. This approach aims to make debt relief more accessible, especially for …


2024 Winter - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr) Jan 2024

2024 Winter - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Winter 2024 issue of the CLIHHR Newsletter highlights the Institute’s work in atrocity prevention, survivor-centered justice, and international legal advocacy. It features student fellowships supporting Indigenous communities, submissions to international human rights bodies, archival efforts related to the Jesuit Massacre in El Salvador, major public events, faculty engagement in global forums, and advocacy surrounding crimes against humanity and Holocaust justice. The newsletter reflects CLIHHR’s continued commitment to accountability, education, and human rights protection.


Borderline Ambiguity: Major Questions And Immigration Law, Peter Margulies Jan 2024

Borderline Ambiguity: Major Questions And Immigration Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Review Of Veterans Law Decisions Of The Federal Circuit, 2022-2023 Edition, Hugh Barrett Mcclean Jan 2024

Review Of Veterans Law Decisions Of The Federal Circuit, 2022-2023 Edition, Hugh Barrett Mcclean

All Faculty Scholarship

In 2022 to 2023, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) continued its conversation with the Court of Appeals for Veterans Claims (“Veterans Court”), Department of Veterans Affairs (“VA”), and veterans to help sculpt the jurisprudence coming from the youngest of the federal courts, the Veterans Court. The Federal Circuit’s jurisprudence addressed ten main legal issues: class actions, petitions for writ of mandamus under the All Writs Act, defining standards of proof with the term “results from,” the benefit of the doubt doctrine post-Lynch, education benefits, less than honorable discharges, the rating schedule, implicit …


Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 30, Iss. 2 Jan 2024

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 30, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Music, Mayhem, And A Mississippi: Still Burning-The Hope Of Smothering The Deleterious Effects Of Deliberate Indifference, Angela Dixon Jan 2024

Music, Mayhem, And A Mississippi: Still Burning-The Hope Of Smothering The Deleterious Effects Of Deliberate Indifference, Angela Dixon

Cardozo Journal of Equal Rights & Social Justice

The article argues that the deliberate indifference standard, as applied in Eighth Amendment jurisprudence, fails to adequately address inhumane and unconstitutional prison conditions, particularly in Mississippi. It critiques the standard for prioritizing prison officials' intent over objective conditions, allowing systemic neglect and racial disparities to persist. The analysis advocates for a shift toward an objective standard to better protect human dignity and hold prison administrators accountable.


Open Hunting Season: Black Bodies As A Threatened Species, Mark C. Grafenreed Jan 2024

Open Hunting Season: Black Bodies As A Threatened Species, Mark C. Grafenreed

Cardozo Journal of Equal Rights & Social Justice

Tracing the Endangered Species Act of 1973 provides striking parallels with the historical, legal, and cultural aspects of bondage mapped upon Black bodies. The United States Congress promulgated the Endangered Species Act to protect and conserve threatened and endangered wildlife species. However, this gives rise to a serious moral dilemma and cognitive dissonance in that nearly 1,500 wildlife species benefit from the Endangered Species Act's protections. At the same time, Black bodies disproportionately suffer without similar federal protections. Congress has strengthened the Endangered Species Act's force through four amendments since its inception, even while there have been mounting threats to …


Conceptual Schemes/Frameworks And Their Relation To Law: A New Argument For Separation Of Church And State, Vincent J. Samar Jan 2024

Conceptual Schemes/Frameworks And Their Relation To Law: A New Argument For Separation Of Church And State, Vincent J. Samar

Cardozo Journal of Equal Rights & Social Justice

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, "How to Interpret the Constitution," Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to arrive at more than a provisional understanding of what would be the best interpretation in any given area of …


Monitoring France's Performance Under The Strategic Action Plan For Roma And Traveller Inclusion (2020-2025), Sarah Brody Jan 2024

Monitoring France's Performance Under The Strategic Action Plan For Roma And Traveller Inclusion (2020-2025), Sarah Brody

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Death At The Door Of Relief: The Criminalization Of Humanitarian Work And Asylum, William Fox Jan 2024

Death At The Door Of Relief: The Criminalization Of Humanitarian Work And Asylum, William Fox

Cardozo Journal of Equal Rights & Social Justice

The note argues that the criminalization of humanitarian aid to migrants at the U.S.-Mexico border violates international human rights law and exacerbates a growing refugee crisis. It contends that the U.S. government's "prevention through deterrence" policy funnels migrants into dangerous conditions, leading to increased deaths and human rights violations. The analysis calls for structural reforms, including expanded humanitarian parole, temporary protected status, and refugee resettlement programs, to align U.S. policy with its international obligations and mitigate the crisis.