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Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski 2020 Roger Williams University School of Law Library

Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski

Roger Williams University Law Review

No abstract provided.


2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School of Law 2020 Roger Williams University

2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Fortifying American Emergency Power: A Multinational Comparison To Contain Crises, Courtney DeVore 2020 Vanderbilt University Law School

Fortifying American Emergency Power: A Multinational Comparison To Contain Crises, Courtney Devore

Vanderbilt Journal of Transnational Law

Countries will inevitably face emergencies. Historically, governments have exercised immense power in response to emergencies. For responses to be quick and effective, emergency power operates outside of the normal rule of law. While disbanding the normal rule of law may be necessary from time to time to protect national security, the unilateral ability of government to take such action creates perverse incentives to abuse the power. Abuses of emergency power are found across the globe, most notably occurring in the United States recently.

In the wake of the Trump Administration, this Note seeks to identify how and why the US …


The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson 2020 St. Mary's University School of Law

The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Medical malpractice law in China does not work. Disappointed patients and their families, or the gangs they hire, frequently resort to physical violence, beating up doctors and disrupting hospital activities in order to extort settlements. This happens because Chinese law has failed to provide viable remedies to many victims of medical malpractice.

This dysfunctional situation (medical chaos or yinao) has persisted for more than two decades. Today, parents in China discourage their children from attending medical school because practicing medicine is too dangerous.

Reforming Chinese medical malpractice law will be difficult. Many factors contribute to the public’s lack of confidence …


Restoring The Public Interest In Western Water Law, Mark Squillace 2020 University of Colorado Law School

Restoring The Public Interest In Western Water Law, Mark Squillace

Publications

American Western states and virtually every country and state with positive water resources law are in perfect agreement about the wisdom of treating their water resources as public property. Not surprisingly, this has led most Western states to articulate a goal of managing these resources in the public interest. But the meaning of the term “public interest,” especially in the context of water resources management, is far from clear. This Article strives to bring clarity to that issue. It begins by exploring three theoretical approaches that might be used for defining the public interest in water resources law before urging …


From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji 2020 Touro Law Center

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.


Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra 2020 University of Maryland Francis King Carey School of Law

Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra

Maryland Law Review Online

No abstract provided.


Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James 2020 University of Richmond School of Law

Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James

University of Richmond Law Review

Through an analysis of the statutory and case law surrounding the use of excessive force, this Comment will review how differentiating applications of the law have led to varying and sometimes unjust results. Jurisdictions differ regarding what pre-shooting conduct can be considered, what the “objective reasonableness” standard encompasses, and how tort law should impact this analysis. Therefore, this Comment works to provide a framework for the consistent application of the objective reasonableness standard. Part I reviews the proscribed levels of force, noting when the use of force becomes excessive, and discusses the tort concept of proximate cause and how the …


Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson 2020 University of Missouri - Kansas City, School of Law

Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson

Faculty Works

A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …


Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser 2020 Fordham University School of Law

Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser

Fordham Intellectual Property, Media and Entertainment Law Journal

Broadway is booming. In a post-Hamilton world, ticket sales and attendance records for the commercial theatre industry continue to break season after season. At the same time (and perhaps not so coincidentally), litigation against theatre artists, creators, and producers has surged, especially in the realm of copyright infringement. Many theatre professionals accused of infringement in recent years have employed the doctrine of fair use—codified at 17 U.S.C. § 107—as an affirmative defense against such claims. This Note explores cases involving theatre professionals in which fair use was examined and contends that they collectively reflect broader historical trends in fair …


Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham 2020 New York Law School

Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham

NYLS Law Review

No abstract provided.


Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford 2020 New York Law School

Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford

NYLS Law Review

No abstract provided.


Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares 2020 New York Law School

Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares

NYLS Law Review

No abstract provided.


Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda 2020 New York Law School

Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda

NYLS Law Review

No abstract provided.


United States V. Touset, Katelyn James 2020 New York Law School

United States V. Touset, Katelyn James

NYLS Law Review

No abstract provided.


Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane 2020 New York Law School

Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane

NYLS Law Review

No abstract provided.


Law’S Sentiments, Robin West 2020 Georgetown University Law Center

Law’S Sentiments, Robin West

Georgetown Law Faculty Publications and Other Works

The chapter argues that law and the Rule of Law do not displace moral sentiments, but rather require them, and sometimes produce them. Law gives us some sense of physical security and thereby makes possible the fellow feeling and empathy that are the root of moral action. The chapter seeks to make this claim plausible by looking at fiction that describes various dystopian lawless states, including the hierarchy of the Church, which law has been loath to enter, badly policed neighborhoods, nineteenth century American slavery, and early twentieth century patriarchal marriages. One lesson of much of this fiction is that …


America's Paper Prisons: The Second Chance Gap, Colleen Chien 2020 Santa Clara University School of Law

America's Paper Prisons: The Second Chance Gap, Colleen Chien

Michigan Law Review

Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and …


Identity Federalism In Europe And The United States, Vlad Perju 2020 Vanderbilt University Law School

Identity Federalism In Europe And The United States, Vlad Perju

Vanderbilt Journal of Transnational Law

The turn to identity is reshaping federalism. Opposition to the policies of the Trump administration, from the travel ban to sanctuary cities and the rollback of environmental protections, has led progressives to explore more fluid and contingent forms of state identity. Conservatives, too, have sought to shift federalism away from the jurisdictional focus on limited and enumerated powers and have argued for a revival of the political safeguards of federalism, including state-based identities. This Article draws on comparative law to study identity as a political safeguard of federalism and its transformation from constitutional discourse to interpretative processes and, eventually, constitutional …


Trauma-Centered Social Justice, Noa Ben-Asher 2020 St. John's University School of Law

Trauma-Centered Social Justice, Noa Ben-Asher

Faculty Publications

This Article identifies a new and growing phenomenon in the American legal system. Many leading agendas for gender, racial, and climate justice are centered on emotional trauma as the primary injury of contemporary social injustices. By focusing on three social justice movements–#BlackLivesMatter; #MeToo, and Climate Justice–the Article offers the first comprehensive diagnosis and assessment of how emotional trauma has become an engine for legal and policy social justice reforms. From a nineteenth century psychoanalytic theory about repressed childhood sexual memories that manifest in female hysteria, through extensive medicalization and classification in the twentieth century, emotional trauma has evolved and expanded …


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