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William & Mary Law School

2005

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White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas Dec 2005

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

William & Mary Law Review

No abstract provided.


Cleaning Up The Eighth Amendment Mess, Tom Stacy Dec 2005

Cleaning Up The Eighth Amendment Mess, Tom Stacy

William & Mary Bill of Rights Journal

This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …


The Docket (November 11, 2005), William & Mary Law School Nov 2005

The Docket (November 11, 2005), William & Mary Law School

The Docket

No abstract provided.


The Docket (October 28, 2005), William & Mary Law School Oct 2005

The Docket (October 28, 2005), William & Mary Law School

The Docket

No abstract provided.


The Docket (October 14, 2005), William & Mary Law School Oct 2005

The Docket (October 14, 2005), William & Mary Law School

The Docket

No abstract provided.


In Pursuit Of Environmental Regulatory Compliance: Should We Flex The "Public Trust" Enhancement Muscle?, Brian Hendricks Oct 2005

In Pursuit Of Environmental Regulatory Compliance: Should We Flex The "Public Trust" Enhancement Muscle?, Brian Hendricks

William & Mary Environmental Law and Policy Review

No abstract provided.


A Shock To The System: Analyzing The Conflict Among Courts Over Whether And When Excited Utterances May Follow Subsequent Startling Occurrences In Rape And Sexual Assault Cases, Colin Miller Oct 2005

A Shock To The System: Analyzing The Conflict Among Courts Over Whether And When Excited Utterances May Follow Subsequent Startling Occurrences In Rape And Sexual Assault Cases, Colin Miller

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

No abstract provided.


Gender And Jury Deliberations: The Contributions Of Social Science, Lucy Fowler Oct 2005

Gender And Jury Deliberations: The Contributions Of Social Science, Lucy Fowler

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

No abstract provided.


The Docket (September 30, 2005), William & Mary Law School Sep 2005

The Docket (September 30, 2005), William & Mary Law School

The Docket

No abstract provided.


2005-2006 Supreme Court Preview: Schedule, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

2005-2006 Supreme Court Preview: Schedule, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Advocate (Vol. 3, Issue 2) Sep 2005

The Advocate (Vol. 3, Issue 2)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


The Docket (September 16, 2005), William & Mary Law School Sep 2005

The Docket (September 16, 2005), William & Mary Law School

The Docket

No abstract provided.


Course Schedule Fall 2005, William & Mary Law School Aug 2005

Course Schedule Fall 2005, William & Mary Law School

Course Information

No abstract provided.


Fourth Amendment Federalism? The Court's Vacillating Mistrust And Trust Of State Search And Seizure Laws, Kathryn R. Urbonya Jul 2005

Fourth Amendment Federalism? The Court's Vacillating Mistrust And Trust Of State Search And Seizure Laws, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


The Docket (April 15, 2005), William & Mary Law School Apr 2005

The Docket (April 15, 2005), William & Mary Law School

The Docket

No abstract provided.


Safari Into The Snake Pit: The State-Created Danger Doctrine, Laura Oren Apr 2005

Safari Into The Snake Pit: The State-Created Danger Doctrine, Laura Oren

William & Mary Bill of Rights Journal

No abstract provided.


The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer Apr 2005

The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer

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

No abstract provided.


A Blow To Domestic Violence Victims: Applying The "Testimonial Statements" Test In Crawford V. Washington, Melissa Moody Apr 2005

A Blow To Domestic Violence Victims: Applying The "Testimonial Statements" Test In Crawford V. Washington, Melissa Moody

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

No abstract provided.


The Invisible Pillar Of Gideon, Adam M. Gershowitz Apr 2005

The Invisible Pillar Of Gideon, Adam M. Gershowitz

Faculty Publications

In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay’s request for appointed counsel. Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …


Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon Apr 2005

Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon

Faculty Publications

No abstract provided.


The Advocate (Vol. 2, Issue 9) Feb 2005

The Advocate (Vol. 2, Issue 9)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism Or Prospective Lockstepping?, Robert F. Williams Feb 2005

State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism Or Prospective Lockstepping?, Robert F. Williams

William & Mary Law Review

No abstract provided.


Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow Feb 2005

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

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

No abstract provided.


The Future Of Parity, Michael E. Solimine Feb 2005

The Future Of Parity, Michael E. Solimine

William & Mary Law Review

No abstract provided.


Prison Privatization And The Development Of A "Good Faith" Defense For Private-Party Defendents To 42 U.S.C. § 1983 Actions, Mark N. Ohrenberger Feb 2005

Prison Privatization And The Development Of A "Good Faith" Defense For Private-Party Defendents To 42 U.S.C. § 1983 Actions, Mark N. Ohrenberger

William & Mary Bill of Rights Journal

No abstract provided.


Admissions Brochure 2005-2006, William & Mary Law School Jan 2005

Admissions Brochure 2005-2006, William & Mary Law School

Admissions Brochure

No abstract provided.


Course Schedule Spring 2005, William & Mary Law School Jan 2005

Course Schedule Spring 2005, William & Mary Law School

Course Information

No abstract provided.


Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School Jan 2005

Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School

Annual Report

No abstract provided.


The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins Jan 2005

The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins

Faculty Publications

No abstract provided.


Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks Jan 2005

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks

Faculty Publications

No abstract provided.