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Articles 31 - 60 of 150
Full-Text Articles in Entire DC Network
The Demise Of Federal Takings Litigation, Stewart E. Sterk
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)
Table Of Contents And Masthead (V. 48, No. 1)
William & Mary Law Review
No abstract provided.
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
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
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
Time To Overturn Turney, Paul A. Lafata
William & Mary Bill of Rights Journal
No abstract provided.
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
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.
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
William & Mary Bill of Rights Journal
No abstract provided.
Form And Substance In Parentage Law, Lynn D. Wardle
Form And Substance In Parentage Law, Lynn D. Wardle
William & Mary Bill of Rights Journal
No abstract provided.
Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin
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
"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.
Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard
Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard
William & Mary Environmental Law and Policy Review
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
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. …
From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein
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 …
Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill
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.
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
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.
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
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. 31, No. 1)
Table Of Contents And Masthead (V. 31, No. 1)
William & Mary Environmental Law and Policy Review
No abstract provided.
Silly Rabbit, Farm Subsidies Don't Help America, Thomas R. Poole
Silly Rabbit, Farm Subsidies Don't Help America, Thomas R. Poole
William & Mary Environmental Law and Policy Review
No abstract provided.
A New Direction For Shareholder Environmental Activism: The Aftermath Of Caremark, Geoffrey C. Rapp
A New Direction For Shareholder Environmental Activism: The Aftermath Of Caremark, Geoffrey C. Rapp
William & Mary Environmental Law and Policy Review
No abstract provided.
Changing Corporate Behavior Through Environmental Management Systems, David W. Case
Changing Corporate Behavior Through Environmental Management Systems, David W. Case
William & Mary Environmental Law and Policy Review
No abstract provided.
Corporate Governance And Rational Energy Choices, Steven Ferrey
Corporate Governance And Rational Energy Choices, Steven Ferrey
William & Mary Environmental Law and Policy Review
No abstract provided.
A Time To Act Anew: A Historical Perspective On The Energy Policy Act Of 2005 And The Changing Electrical Energy Market, Brad Sherman
A Time To Act Anew: A Historical Perspective On The Energy Policy Act Of 2005 And The Changing Electrical Energy Market, Brad Sherman
William & Mary Environmental Law and Policy Review
No abstract provided.
Embryo Donation: The Government Adopts A Cause, Jaime E. Conde
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. …
Teed Off About Private Club Discrimination On The Taxpayer's Dime: Tax Exemptions And Other Government Privileges To Discriminatory Private Clubs, Jennifer Jolly-Ryan
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.
Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua
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
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.
Table Of Contents And Masthead (Vol. 13, No. 1)
Table Of Contents And Masthead (Vol. 13, No. 1)
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
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
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 …
Table Of Contents And Masthead (V. 15, No. 1)
Table Of Contents And Masthead (V. 15, No. 1)
William & Mary Bill of Rights Journal
No abstract provided.
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
William & Mary Bill of Rights Journal
No abstract provided.