Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (40)
- Legal Profession (35)
- Social and Behavioral Sciences (29)
- Law and Society (26)
- Legal History (21)
-
- Constitutional Law (20)
- Health Law and Policy (19)
- Library and Information Science (17)
- Courts (16)
- Judges (15)
- Law Librarianship (15)
- Legislation (15)
- Environmental Law (14)
- Jurisprudence (14)
- Administrative Law (13)
- First Amendment (13)
- Legal Ethics and Professional Responsibility (13)
- International Law (12)
- Legal Studies (12)
- Science and Technology Law (12)
- Criminal Procedure (11)
- Jurisdiction (11)
- Law and Politics (11)
- Litigation (11)
- Common Law (10)
- Criminal Law (10)
- Legal Remedies (10)
- State and Local Government Law (10)
- Institution
-
- Belmont University (32)
- University of Michigan Law School (14)
- Penn State Dickinson Law (12)
- Roger Williams University (9)
- Touro University Jacob D. Fuchsberg Law Center (9)
-
- Brooklyn Law School (8)
- St. Mary's University (8)
- Pepperdine University (6)
- Boston University School of Law (5)
- Columbia Law School (5)
- Schulich School of Law, Dalhousie University (5)
- University of Georgia School of Law (5)
- Pace University (4)
- Seattle University School of Law (4)
- University of Missouri School of Law (4)
- Cleveland State University (3)
- Duke Law (3)
- Mercer University School of Law (3)
- St. John's University School of Law (3)
- St. Thomas University College of Law (3)
- American University Washington College of Law (2)
- Fordham University (2)
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
- Suffolk University (2)
- University at Buffalo School of Law (2)
- University of Colorado Law School (2)
- William & Mary Law School (2)
- Association of American Law Schools (1)
- Association of Arab Universities (1)
- Keyword
-
- Research (12)
- Law (10)
- Legal writing (10)
- Resources (8)
- Touro Law Center (8)
-
- Databases (7)
- Environmental Law (7)
- Federalism (7)
- Academic (6)
- Digital (6)
- Law review (6)
- Students (6)
- Community healthcare (5)
- Constitution (5)
- Faculty (5)
- Health law (5)
- Language (5)
- Legal research (5)
- Librarian (5)
- Masthead (5)
- Online (5)
- "Rhode Island" (4)
- AI (4)
- Administrative state (4)
- Artificial Intelligence (4)
- Biography (4)
- Book review (4)
- Citation (4)
- Congress (4)
- Courts (4)
- Publication
-
- Faculty Scholarship (22)
- Law Faculty Scholarship (19)
- Dickinson Law Review (2017-Present) (12)
- Belmont Law Review (8)
- Faculty Publications (8)
-
- Law Library Newsletters/Blog (7)
- Touro Law Review (7)
- Articles (6)
- Pepperdine Law Review (6)
- Belmont Health Law Journal (5)
- Articles, Book Chapters, & Popular Press (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Seattle University Law Review (4)
- St. Mary's Journal on Legal Malpractice & Ethics (4)
- St. Mary's Law Journal (4)
- Cleveland State Law Review (3)
- Michigan Law Review (3)
- Presentations (3)
- Continuing Legal Education Presentations (2)
- Fordham Undergraduate Law Review (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal of Race, Gender, and Ethnicity (2)
- Law Faculty Publications (2)
- Life of the Law School (1993- ) (2)
- Publications (2)
- Reviews (2)
- St. Thomas Law Review (2)
- Suffolk University Law School Faculty Works (2)
- Akron Law Review (1)
- Al Jinan الجنان (1)
- Publication Type
Articles 61 - 90 of 181
Full-Text Articles in Legal Writing and Research
Disappearing Act: Are Free Speech Rights Decreasing?, Michael Conklin
Disappearing Act: Are Free Speech Rights Decreasing?, Michael Conklin
St. Mary's Law Journal
Abstract forthcoming.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Law Faculty Scholarship
Defamation cases often arise out of intemperate or offensive statements made in political campaigns. These comments may refer to a candidate’s criminal history, familial conduct, or other matters. Whatever the subject, emotions undoubtedly run high during hotly contested campaigns. However, First Amendment protection is at its zenith when speakers engage in political speech, and speech about political candidates is inherently political speech. Thus, defamation suits arising out of political campaigns face significant hurdles, including (1) anti-SLAPP statutes and a greater public awareness of SLAPP suits; (2) a history and tradition of mudslinging and enhanced protection of political speech during political …
Essay: Cyberbullying And Freedom Of Speech, David L. Hudson Jr.
Essay: Cyberbullying And Freedom Of Speech, David L. Hudson Jr.
Law Faculty Scholarship
Part I of this essay examines state cyberbullying laws. These laws vary a lot in terms of language and coverage but this part attempts to group these different state laws into different categories. This section categorizes cyberbullying laws into two main categories—(1) those that treat cyberbullying as a crime and (2) those that address cyberbullying as a violation of a school’s code of conduct. Part II of this essay then addresses court decisions that deal with cyberbullying. Once again, this essay examines the topic from both the perspective of (1) criminal law decisions and (2) school law decisions.
Law School News: Dean's Distinguished Service Award: Raquel Ortiz 05-22-2020, Michael M. Bowden
Law School News: Dean's Distinguished Service Award: Raquel Ortiz 05-22-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Essay: Understanding First Amendment Freedoms Through The Remarkable Life Of "The Greatest" --Muhammad Ali, David L. Hudson Jr.
Essay: Understanding First Amendment Freedoms Through The Remarkable Life Of "The Greatest" --Muhammad Ali, David L. Hudson Jr.
Law Faculty Scholarship
Muhammad Ali represents much more than a great sports figure and one of the greatest fighters of all time.He is also the epitome of the citizen protected by the First Amendment– a man who paid dearly for his religious convictions and provocative speech, but found a defense in the amendment’s forty-five words. An examination of First Amendment freedoms through the prism of Ali can teach us much about the fragility of the amendment but also the strength that we all can find in it. The First Amendment provides: “Congress shall make no law respecting an establishment of religion or prohibiting …
The Paradoxical Impact Of Scalia's Campaign Against Legislative History, Stuart Minor Benjamin, Kristen M. Renberg
The Paradoxical Impact Of Scalia's Campaign Against Legislative History, Stuart Minor Benjamin, Kristen M. Renberg
Cornell Law Review
Beginning in 1985, Judge and then Justice Antonin Scalia advocated forcefully against the use of legislative history in statutory interpretation. Justice Scalia's position, in line with his textualism, was that legislative history was irrelevant and judges should avoid invoking it. Reactions to his attacks among Justices and prominent circuit judges had an ideological quality, with greater support from ideological conservatives. In this Article, we consider the role that political party and timing ofjudicial nomination played in circuit judges' use of legislative history. Specifically, we hypothesize that Republican circuit judges were more likely to respond to the attacks on legislative history …
Law Library Blog (May 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (May 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Editors' Note, Michigan Law Review
Editors' Note, Michigan Law Review
Michigan Law Review
A reflection on the origins of the Michigan Law Review book review issue.
On Lawyers And Copy Editors, Jonathan I. Tietz
On Lawyers And Copy Editors, Jonathan I. Tietz
Michigan Law Review
Review of Benjamin Dreyer's Dreyer's English: An Utterly Correct Guide to Clarity and Style.
The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii
The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii
Honors Theses
This thesis explores the role of morality in law through a critical examination of the work of one of the most widely cited and renowned judicial scholars, H.L.A. Hart. His modified theory of positivism, which denotes that law and morality are separable and that legal rules may have any content, has had an enduring impact on the landscape of judicial thought in the last century. As Hart’s work has had an indelible hand in shaping analytical jurisprudence and as it exemplifies the antithesis of my argument, it will serve as a theoretical foil. From it, I hope to articulate my …
When Agencies Do Not Not Have Statutory Power To Regulate, Jack M. Beermann
When Agencies Do Not Not Have Statutory Power To Regulate, Jack M. Beermann
Faculty Scholarship
When a President who campaigned on a deregulatory platform assumes office, the question immediately arises whether, in light of the unlikelihood of significant statutory assistance by Congress, the new administration will be able to achieve substantial deregulation on its own. In most contexts, agencies looking to ease regulatory burdens have essentially two options: they can engage in a reappraisal of the regulatory record (like the Reagan administration’s failed attempt to rescind the passive restraint requirement for new automobiles), or they can reinterpret the statute or statutes underlying a regulatory program (such as the same administration’s successful reform of the regulation …
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor
Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor
Belmont Law Review
No abstract provided.
Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie
Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie
Belmont Law Review
No abstract provided.
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Belmont Law Review
No abstract provided.
Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime
Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime
Belmont Law Review
No abstract provided.
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
Belmont Law Review
No abstract provided.
Bomb Threats And Bag Checks: Model Legislation To Address Venue Safety And Liability, Emily Guthrie
Bomb Threats And Bag Checks: Model Legislation To Address Venue Safety And Liability, Emily Guthrie
Belmont Law Review
No abstract provided.
Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank
Belmont Law Review
No abstract provided.
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Belmont Law Review
No abstract provided.
Whole Health: A Community Approach To Healthcare Keynote #2, Professor Larry Van Horn, Professor Leah R. Fowler
Whole Health: A Community Approach To Healthcare Keynote #2, Professor Larry Van Horn, Professor Leah R. Fowler
Belmont Health Law Journal
No abstract provided.
Whole Health: A Community Approach To Healthcare Panel, Tera Hambrick, Mark Ison, Dr. Jeanne James, Caitlyn Page, William Wright
Whole Health: A Community Approach To Healthcare Panel, Tera Hambrick, Mark Ison, Dr. Jeanne James, Caitlyn Page, William Wright
Belmont Health Law Journal
No abstract provided.
Student Note: Help Us, Help You: Big Tech And The Future Of Personal Health Records, Clay Brewer
Student Note: Help Us, Help You: Big Tech And The Future Of Personal Health Records, Clay Brewer
Belmont Health Law Journal
This note will address the issues that will inevitably arise as this convergence of tech and healthcare continue. Part I will discuss a few of the current laws and regulations that seek to protect personal health records in the United States’ and Europe, specifically in comparing the United States Health Insurance Accountability and Portability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”) with the European Union’s much broader response to data privacy concerns via the General Data Protection Regulation (“GDPR”). To follow, Part II will introduce three of the tech giants– Apple, Amazon, and …
Student Note: Blockchain For Dscha Compliance, Ryland Close
Student Note: Blockchain For Dscha Compliance, Ryland Close
Belmont Health Law Journal
Part I of this Note will illustrate the problems posed by drug counterfeiting and drug diversion, describe current solutions being used to address these problems, and conclude with a discussion of federal legislation that seeks to fix these weaknesses in the pharmaceutical supply chain, focusing on the tracking and tracing requirements that the DSCSA imposes on supply chain participants. In Part II, this Note will examine the development of blockchain technology as well as examine its defining characteristics. Part III will explore current industry efforts to apply blockchain technology to supply chain uses and contends that blockchain is uniquely fit …
Student Note: Finding The Positive In A Positive Drug Test: How Narrowing The Definition Of An Individualized Pre-Employment Assessment Under The Ada Can Encourage Recovery From Opioid Dependence, Sarah Ferraro
Belmont Health Law Journal
This note will address the disparities in the way courts have analyzed the direct threat exception to ADA protection, and why a uniform application of the exception is crucial to both employers and those in recovery. Part I examines how opioids have devolved from an effective pain management tool to a national enemy. This section will answer common questions about why opioids are so addictive and why doctors prescribe them in the first place. It also addresses the scope of the ADA and the direct threat exception used to justify a decision not to hire a prescription drug user, as …
From Adidas To Zenga: A Historical And Comparative Analysis Of International Intellectual Property Law In Fashion, Loren E. Mulraine
From Adidas To Zenga: A Historical And Comparative Analysis Of International Intellectual Property Law In Fashion, Loren E. Mulraine
Law Faculty Scholarship
This article provides a historical and comparative analysis of international intellectual property law as applied to the fashion industry. Tracing the development of trademark law from its common law origins in unfair competition to its modern statutory embodiment in the Lanham Act, the article examines the central role of branding in fashion’s economic and cultural influence. It further analyzes the evolution of copyright protection and its uneasy fit within a design-driven industry historically characterized as manufacturing rather than creative production. The article situates U.S. intellectual property doctrine within the broader framework of international treaties and institutions, including the Paris Convention, …
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi
Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi
Dickinson Law Review (2017-Present)
No abstract provided.
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah
Dickinson Law Review (2017-Present)
In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
Dickinson Law Review (2017-Present)
It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have …