Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

PDF

William & Mary Law School

Journal

2006

Discipline
Keyword
Publication

Articles 31 - 60 of 150

Full-Text Articles in Entire DC Network

In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz Oct 2006

In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz

William & Mary Bill of Rights Journal

No abstract provided.


The Demise Of Federal Takings Litigation, Stewart E. Sterk Oct 2006

The Demise Of Federal Takings Litigation, Stewart E. Sterk

William & Mary Law Review

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …


Table Of Contents And Masthead (V. 48, No. 1) Oct 2006

Table Of Contents And Masthead (V. 48, No. 1)

William & Mary Law Review

No abstract provided.


Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz Oct 2006

Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz

William & Mary Bill of Rights Journal

No abstract provided.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Oct 2006

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

William & Mary Bill of Rights Journal

No abstract provided.


Table Of Contents And Masthead (V. 15, No. 1) Oct 2006

Table Of Contents And Masthead (V. 15, No. 1)

William & Mary Bill of Rights Journal

No abstract provided.


Pluralism And Public Legal Reason, Lawrence B. Solum Oct 2006

Pluralism And Public Legal Reason, Lawrence B. Solum

William & Mary Bill of Rights Journal

No abstract provided.


Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks Oct 2006

Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.


Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman Oct 2006

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman

William & Mary Bill of Rights Journal

No abstract provided.


A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell Oct 2006

A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell

William & Mary Bill of Rights Journal

No abstract provided.


Form And Substance In Parentage Law, Lynn D. Wardle Oct 2006

Form And Substance In Parentage Law, Lynn D. Wardle

William & Mary Bill of Rights Journal

No abstract provided.


Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard Oct 2006

Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard

William & Mary Environmental Law and Policy Review

No abstract provided.


"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth Oct 2006

"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth

William & Mary Environmental Law and Policy Review

No abstract provided.


National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells Oct 2006

National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells

William & Mary Environmental Law and Policy Review

No abstract provided.


From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein Oct 2006

From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein

William & Mary Law Review

Weblogs have proliferated rapidly in recent years, attracting significant attention and generating important legal issues. Yet so far no coherent economic framework for addressing these issues exists. This Article begins to develop such a framework. It views blogs as the vanguard of what might be called "amateur journalism. " Because the Web and related technology have enabled low entry barriers, blogs can be an important source of specialized knowledge. However, bloggers do not work within a monitoring structure as in large news organizations, and individual blogs may be less accurate than conventional news sources. On the other hand, blogs as …


Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin Oct 2006

Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin

William & Mary Law Review

No abstract provided.


"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay Oct 2006

"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay

William & Mary Law Review

No abstract provided.


Changing Corporate Behavior Through Environmental Management Systems, David W. Case Oct 2006

Changing Corporate Behavior Through Environmental Management Systems, David W. Case

William & Mary Environmental Law and Policy Review

No abstract provided.


A New Direction For Shareholder Environmental Activism: The Aftermath Of Caremark, Geoffrey C. Rapp Oct 2006

A New Direction For Shareholder Environmental Activism: The Aftermath Of Caremark, Geoffrey C. Rapp

William & Mary Environmental Law and Policy Review

No abstract provided.


Table Of Contents And Masthead (Vol. 13, No. 1) Oct 2006

Table Of Contents And Masthead (Vol. 13, No. 1)

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill Oct 2006

Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua Oct 2006

Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes Oct 2006

Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Embryo Donation: The Government Adopts A Cause, Jaime E. Conde Oct 2006

Embryo Donation: The Government Adopts A Cause, Jaime E. Conde

William & Mary Journal of Race, Gender, and Social Justice

The disposition of cryopreserved supernumerary embryos has become a divisive issue that puts to test the tenets of the "culture of life" promoted by the Vatican and President George W. Bush. The Bush administration has spent millions of dollars to promote "embryo adoptions" while imposing restrictions on federal funding for embryonic stem cell research. On the other hand, contemporary Catholic moral theologians and philosophers disagree on the question of the morality of embryo "rescue" or "adoption" because the Church strongly opposes in vitro fertilization, the donation of gametes and embryo cryopreservation, as evidenced recently during the Italian fertility law referendum. …


Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, William Arthur Wines, Terence J. Lau Oct 2006

Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, William Arthur Wines, Terence J. Lau

William & Mary Journal of Race, Gender, and Social Justice

Research on student teaching evaluations is vast. An examination of this research demonstrates wide disagreements but also substantial consensus of authority for the proposition that student evaluations should be used only with extreme care, if at all, in making personnel decisions. A number of reasons cause administrators to use teaching evaluations for personnel decisions. The literature, however, is virtually unanimous in its condemnation of norming student evaluations in order to rank classroom performances. Current cases on academic freedom indicate some retrenchment by the Circuits from broader pronouncements in earlier Supreme Court cases. This paper concludes that the use of non-validated …


Teed Off About Private Club Discrimination On The Taxpayer's Dime: Tax Exemptions And Other Government Privileges To Discriminatory Private Clubs, Jennifer Jolly-Ryan Oct 2006

Teed Off About Private Club Discrimination On The Taxpayer's Dime: Tax Exemptions And Other Government Privileges To Discriminatory Private Clubs, Jennifer Jolly-Ryan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner Oct 2006

The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner

William & Mary Journal of Race, Gender, and Social Justice

This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. …


Introduction: Religion, Division, And The Constitution, Richard W. Garnett Oct 2006

Introduction: Religion, Division, And The Constitution, Richard W. Garnett

William & Mary Bill of Rights Journal

No abstract provided.


The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn Oct 2006

The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn

William & Mary Bill of Rights Journal

In the past year, there have been many revelations about the tactics used by the Bush administration to prosecute its war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This Article focuses on the revelation and widespread criticism of the Bush administration's operation of a warrantless electronic surveillance program to monitor international phone calls and e-mails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence …


Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.