Law Commons^™

Road To Recovery: Why Rhode Island Drivers Should Be Made Whole From Potholes, Jordan Z. Sasa

Roger Williams University Law Review

No abstract provided.

Dream Big And Lay The Groundwork: How Rhode Island Can Improve Access To Civil Justice For Self- Represented Litigants, Amanda Rotimi

Roger Williams University Law Review

No abstract provided.

Atryzek V. State, 268 A.3d 37 (R.I. 2022), Emily Hogan

Roger Williams University Law Review

No abstract provided.

Ricci V. Rhode Island Commerce Corp., 276 A.3d 903 (R.I. 2022), Mark Weeden

Roger Williams University Law Review

No abstract provided.

Tiernan V. Magaziner, 270 A.3d 25 (R.I. 2022), Todd D. Amaral

Roger Williams University Law Review

No abstract provided.

Introduction For Roger Williams University Law Review, Symposium Issue, 2023-24, Gregory W. Bowman

Roger Williams University Law Review

No abstract provided.

Masthead

University of the Pacific Law Review

No abstract provided.

The Legal Backdrop: A Maze Of Confusion, Francis J. Mootz Iii

University of the Pacific Law Review

No abstract provided.

An Update On Gig Worker Employment Status Across The United States, Miriam A. Cherry

University of the Pacific Law Review

No abstract provided.

Economics Of The Gig Economy: Limitations Of Data And Policy, Jeffrey A. Michael

University of the Pacific Law Review

No abstract provided.

Outsourcing, The Gig Economy, And International Scam, Winifred R. Poster

University of the Pacific Law Review

No abstract provided.

A Wolf In Sheep’S Clothing: Prop 22 And The Exploitation Of Californian Workers, Erica Oconnell

University of the Pacific Law Review

No abstract provided.

The Myth Of Youth: Rethinking The Negligence Standard Of Care For Minors In The Age Of Neuroscience, Thomas Salazar

University of the Pacific Law Review

No abstract provided.

Nonjudicial Punishment, Frank Rosenblatt

Journal Articles

In the civilian world, the dispensation of punishment is reserved for judicial tribunals. Not so in the military justice systems of the United States and other nations. There, nonlawyer military leaders administer so-called “nonjudicial punishment” to address minor offenses in the ranks. Nonjudicial punishment, despite a long and sometimes bloody history, has survived efforts to modernize military justice. In fact, it has flourished: today it is the predominant form of military justice in the United States, outnumbering courts-martial nearly twenty to one. This Article analyzes the features and purposes of this unique punishment regime. The Article argues that nonjudicial punishment …

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Is A Duty To Pay Tax Inherent In Affirmations Of Human Rights?, Jonathan M. Barrett

Washington and Lee Journal of Civil Rights and Social Justice

The United Nations’ Universal Declaration of Human Rights 1948 (the Universal Declaration), as the preeminent statement of human rights, informs numerous cognate covenants and declarations of rights, and charters of rights included in national constitutions. Unlike the rights declarations of the Enlightenment, the Universal Declaration affirms broad welfare rights, in addition to civil and political rights. No right or set of rights is superior to another; they are indivisible, interdependent and interrelated.

Declarations of rights may also include duties. The Organization of American States’ American Declaration of the Rights and Duties of Man 1948 (“the American Declaration”), for example, includes …

Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown

Washington and Lee Journal of Civil Rights and Social Justice

The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …

High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg

Washington and Lee Journal of Civil Rights and Social Justice

Conspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors that are evoked in people when they talk about racism. What if they got it wrong? The fear of being cancelled -- the public shaming for remarks that are deemed racist -- has had a chilling effect on having meaningful conversations about racism. What lost opportunities!

This paper moves this discussion into the law school context. How might law schools rethink their law school curricula to more accurately represent the role systemic racism has played in shaping …

Pandemic Silver Lining: Discovering The Reasonableness Of Remote Learning As An Accommodation Under The Ada, Kaitlyn Barciszewski

Washington and Lee Journal of Civil Rights and Social Justice

As society returned to “normal” following the worldwide pandemic caused by the outbreak of COVID-19, higher education students around the world could be heard celebrating and warmly welcoming their return to in-person classes. With this return came the face-to-face social interactions most longed for through the worldwide lockdown with friends, classmates, and professors. Some may even feel that in-person learning is more effective than what had become the norm––Zoom university. At this moment, however, these institutions can and should evaluate the potential benefits and continued utility of this alternate way of doing higher education that was forced upon them for …

Behind The Screen: Examining The Human Consequences And Constitutional Ramifications Of The Virtual Criminal Defendant, Mallory Kostroff

Washington and Lee Journal of Civil Rights and Social Justice

Defendants are waiting behind a screen to learn their fate in their criminal proceedings. This Note sounds the alarm that having incarcerated defendants appear virtually for their criminal proceedings will lead the criminal justice system further down a path of mass incarceration and destruction. This Note demonstrates and argues that there are no benefits for having an incarcerated defendant appear virtually because there are no real benefits to the defendant themselves. Courts further try to argue that video appearances are efficient as they save time and money but as this Note shows those arguments are misleading and miss the point …

Hollywood At Home: Applying Federal Child Labor Laws To Traditional And Modern Child Performers, Shannon Kate Mcgrath

Washington and Lee Journal of Civil Rights and Social Justice

In the past few years there has been a rise in online influencers who gain money and fame from their online content, and in many cases these influencers are children. Although this can be seen as a “job,” federal child labor laws exempt all child performers from protections. This means traditional child actors and children who create online content must rely on state laws regarding child labor. While some states have protections for child performers, several states have no such laws in place. In addition, the current protections are not available to children who take part in online content. Without …

The Perils Of Privatization: Exploring The Side Effects Of Privatized Correctional Health Care In Favor Of A Public Delivery Model, Peyton Holahan

Washington and Lee Journal of Civil Rights and Social Justice

On July 16, 2020, Judge Roslyn Silver of the U.S. District Court for the District of Arizona set a trial between Arizona’s Department of Corrections and a class of Arizona’s prisoners alleging grossly inadequate health care in the state’s prison system. Arizona, like more than half of the states in the U.S., has outsourced prison health care to private correctional healthcare providers. While correctional healthcare providers win states over with promises of cost-effective care and limited liability, ever since the emergence of the correctional healthcare industry in the 1970s, problems with privatized health care in jails and prisons have persisted, …

Equitable Ecosystem: A Two-Pronged Approach To Equity In Artificial Intelligence, Rangita De Silva De Alwis, Amani Carter, Govind Nagubandi

Michigan Technology Law Review

Lawmakers, technologists, and thought leaders are facing a once-in-a-generation opportunity to build equity into the digital infrastructure that will power our lives; we argue for a two-pronged approach to seize that opportunity. Artificial Intelligence (AI) is poised to radically transform our world, but we are already seeing evidence that theoretical concerns about potential bias are now being borne out in the market. To change this trajectory and ensure that development teams are focused explicitly on creating equitable AI, we argue that we need to shift the flow of investment dollars. Venture Capital (VC) firms have an outsized impact in determining …

Article 3, Christine Chinkin, Lisa Gormley

Book Chapters

Article 3 is located in Part I of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as one of the provisions that describe States parties' general obligations under the Convention. Read in conjunction with Articles 1, 2, 4, 5, and 24, it forms part of the overarching interpretative framework for the application of the specific obligations set out in Articles 6-16. Article 24 in Part VI is somewhat repetitive of Article 3. The obligations and concepts introduced in these initial articles apply to all other articles in the Convention. The Committee has, on occasion, viewed …

Constitutionalism Today: The Prospects Of The European Constituional Community, Susanne Baer, Kriszta Kovacs, Maya Vogel

Book Chapters

In the late 1940s a consensus emerged: a post-World War II, post-colonial, post-authoritarian, grand consensus in Europe and beyond. Dignity, liberty, and equality should not merely be promises on paper or an elitist privilege for the few, and representative democracy should be the way to run societies. This consensus certainly gave birth to a variety of legal regimes, but it also defined a baseline for the political systems we call constitutional democracies: first, power should be distributed to parliament and representative government via fair elections that ensure equal voting rights and a realistic option of a peaceful change of government …

Bibliography Of The Writings Of The Justices Of The Supreme Court Of Pennsylvania, Joel Fishman, Lori Hagen, Elizabeth Post

Law Faculty Publications

The Supreme Court of Pennsylvania is the oldest state appellate court in the country dating itself back to 1684 when William Penn introduced the Provincial Court as a court to hear appeals from the justices of the peace of the three counties that comprised Pennsylvania. The early court was not called a supreme court until an act 1712 that was disallowed by the Privy Council in England. It was not until 1722 that the legislation enacting a Supreme Court was overlooked by the Privy Council for several years that finally became the act establishing the court for the remaining period …

The History Of Pennsylvania Rules Of Juvenile Court Procedure (2005-2022), Joel Fishman, Righteous Caldwell

Law Faculty Publications

Under the Pennsylvania Constitution of 1968, Article V, § 5 established a single Courts of Common Pleas in each judicial district. Previously, there had been a variety of separate trial courts in Pennsylvania, e.g., common pleas, county courts, orphans, juvenile, oyer and terminer, etc. Under the new Constitution, all courts were merged into a single court of common pleas. In larger counties, like Philadelphia and Allegheny County, a separate family division consists of an Adult and Juvenile divisions.

Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr.

Law Faculty Publications

This article examines how the metaphors in judicial opinions reveal judicial theories of lawmaking and judicial philosophies, through a close reading of Justice Ginsburg’s majority opinion and Justice Gorsuch’s dissenting opinion in the Artis v. District of Columbia, 138 S. Ct. 594 (2018).

Artis was about what the phrase “shall be tolled” means in the federal supplemental jurisdiction statute, 28 U.S.C. §1367. Does a state-law claim’s statute of limitations pause or continue to run while the claim is in federal court? In holding that Congress used “stop the clock” tolling, an “off-the-shelf” legal device that pauses statute of limitations, …

No Balancing For Anticonstitutional Government Conduct, Bruce Ledewitz

Law Faculty Publications

Noted Supreme Court critic Eric Segall has been criticizing the majority opinion in New York State Rifle & Pistol Ass'n v. Bruen for its failure to engage in any kind of means-end balancing in striking down a New York gun control measure--balancing that he argues the Court has engaged in since the Reconstruction era. Segall is hardly the only American law professor to level this charge. But the lack of balancing in Bruen is neither unprecedented nor methodologically innovative. It certainly does not reflect a victory of originalism. Instead, the Bruen decision stands firmly in the tradition that courts do …