December 01, 2016
From WPRO AM 630's The Gene Valicenti Show: "Gene talks with Dean Yelnosky About Flag Burning"
President-elect Donald Trump recently proposed a penalty -- including possible jail time or loss of citizenship -- for burning the American flag. But Dean Michael Yelnosky explains the two US Supreme Court rulings that protect the act under the First Amendment as a form of free speech.
Click here to hear the full interview.
December 01, 2016
From the PROVIDENCE JOURNAL: “Police try to gauge the Trump Effect in R.I.” by Amanda Milkovits, Journal Staff Writer
PROVIDENCE, R.I., Saturday, Nov 26, 2016 — […] This is the reality of policing in Rhode Island, where the immigrant population has increased, where people of color make up more than a quarter of the population and where police officers are called to serve a diverse community.
Even as violent protests have erupted nationally over officer-involved slayings of black people,...
September 28, 2016
From TIME Magazine: "Whether the Second Amendment Applies to All Citizens Is Not a New Question" by Arica L. Coleman
Sept. 26, 2016: [...] After the American Revolution, the fear of disarmament was widespread, particularly among southern whites who feared they would be left vulnerable in a slaveholding south. As Constitutional law expert Carl T. Bogus has argued, James Madison wrote the amendment as a guarantee to his constituents in Virginia and to the south at large “that Congress could not...
September 15, 2016
From the PROVIDENCE JOURNAL: “With protesters chanting outside, Paolino announces plan for Kennedy Plaza” by Amanda Milkovits, Journal Staff Writer
PROVIDENCE, R.I., Sep 14, 2016 — Kennedy Plaza may be the city's historic public gathering place, but there are competing visions for the people who congregate here.
Former Mayor Joseph Paolino Jr., the new chairman of the Downtown Improvement District, says he has suggestions to clean up Kennedy Plaza and help the needy, including an ordinance...
August 30, 2016
From WPRI 12's Newsmakers: "38 Studios document debate" by Tim White PROVIDENCE, August 26, 2016 – State officials have begun a formal review of whether to release any of the materials generated during the 38 Studios criminal investigation under the state’s open-records law. […] Roger Williams University School of Law Professor Niki Kuckes noted grand jury materials are rarely made public to ensure the integrity of the process. “The attorney general is taking is a very legitimate prosecutorial...
July 22, 2016
From Rhode Island Lawyers Weekly: “Judges feeling their way on web-based jurisdiction issue” by Pat Murphy
July 21, 2016: Lawyers investigating whether an out-of-state defendant’s operation of a website provides a basis for suing the party in local federal court will find few bright-line rules coming from decisions issued in the 1st Circuit. […]
Courts are having a difficult time coming up with a practical framework for dealing with the issue of web-based jurisdiction, said professor Tanya J....
July 20, 2016
From Rhode Island Lawyers Weekly: “Bar: ruling on fee motions to add expense, complexity” by Sheri Qualters
July 20, 2016: A recent state Supreme Court decision finding that affidavits or testimony supporting counsel fee motions should come from a Rhode Island bar member who is not part of the case brings clarity and consistency to the process but also makes it more costly and complicated, practitioners say.
The Supreme Court vacated Superior Court Judge Bennett R. Gallo’s decision to award...
July 15, 2016
From Wallethub: “Should Marijuana Be Legal?” by John S Kiernan
July 15, 2016: Call it a sign of society’s moral erosion, an act of economic desperation or folks finally coming to their senses, but a record-high number of Americans – 61% – now support marijuana legalization […] Not everyone is ready to climb aboard Puff the Magic Dragon just yet, however. […]
With that in mind and much of the pot problem still unsolved, we turned to a panel of 26 leading experts in the fields of economics,...
July 14, 2016
From the Providence Journal: “In case of Ginsburg vs. Trump, justice overstepped her bounds“ by Edward Fitzpatrick, Journal Columnist
July 14, 2016: While her criticism is meritorious, the Notorious RBG’s feud with the Vainglorious DJT puts her in a position that might prove precarious if Donald J. Trump ends up victorious.
[…] Michael J. Yelnosky, dean of the Roger Williams University School of Law, said no law or rule prohibits Ginsburg from saying what she said. But, he said, “I think she...
July 08, 2016
From The New Yorker: "The Jailhouse Lawyer Derrick Hamilton’s Role in the Reversal of a Murder Conviction" by Jennifer Gonnerman
Derrick Hamilton never went to law school, but prisoners across New York State have heard about his formidable legal skills, which he acquired while he was wrongly imprisoned for murder for more than two decades, reading law books and fighting to get himself and other inmates set free.
[...] last year when Hamilton went to visit a client at Shawangunk...
July 07, 2016
From Rhode Island Lawyers Weekly: “Access to opposing expert’s background materials denied: R.I. Supreme Court rules in Sakonnet bridge case” by Sheri Qualters
June 23, 2016: The Superior Court’s Rules of Civil Procedure did not allow a litigant access to computer models and draft reports used by an opposing party’s expert witness, the Rhode Island Supreme Court has found.
The case involved design problems concerning the Sakonnet River Bridge replacement project. The plaintiff, a bridge...
June 27, 2016
From Rhode Island Lawyers Weekly: "Warrantless access to drug database weighed: Constitutional, privacy concerns raised by bills" by Sheri Qualters
May 26, 2016: The General Assembly’s bid to stem the opioid crisis through measures that would allow law enforcement to access prescription drug database records without a warrant has incited debate about whether patient privacy or public safety concerns should govern release of the information.
The House Health, Education and Welfare Committee...
June 17, 2016
From the Providence Journal: “Op-Ed: R.I. improves its judicial appointments” by Dean Michael J. Yelnosky
Jun. 17, 2016: … [A] look at Gov. Gina Raimondo’s first set of nominations (eight judges, all of whom were confirmed) reveals promising signs that she is committed to two of the goals of the merit selection system – to give all talented lawyers the chance to become judges, regardless of their political connections; and to increase the racial and ethnic diversity of the state’s...
June 16, 2016
From The Guardian, London: “Captain Cook's ship Endeavour claimed by Rhode Island as search goes on” by the Associated Press.
If the ship legendary explorer Captain James Cook used to sail around the world and claim Australia for the British is found at the bottom of Newport Harbor, Rhode Island will own it outright because of a legal maneuver it took nearly two decades ago based on an obscure, centuries-old maritime practice.
In 1999, Rhode Island went to federal court in Providence to do what...
May 23, 2016
From the PROVIDENCE JOURNAL: "Fewer seek to be judges in ‘know-a-guy’ R.I. " by Edward Fitzpatrick
The number of people applying for state judgeships is dropping in part because people think you’ve got to “know a guy” to be a judge in Rhode Island […]
On May 9, the Democratic governor [Gina Raimondo] nominated people for eight state judgeships, including new chiefs of the Family and Workers’ Compensation courts. But from a political perspective, perhaps the most interesting choice was who she...