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William & Mary Law School

2007

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Congress Has The Power To Enforce The Bill Of Rigths Against The Federal Government; Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn Dec 2007

Congress Has The Power To Enforce The Bill Of Rigths Against The Federal Government; Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn

William & Mary Bill of Rights Journal

The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government. Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …


The Docket (November 30, 2007), William & Mary Law School Nov 2007

The Docket (November 30, 2007), William & Mary Law School

The Docket

No abstract provided.


The Advocate (Vol. 5, Issue 5) Nov 2007

The Advocate (Vol. 5, Issue 5)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


The Price Of Misdemeanor Representation, Erica J. Hashimoto Nov 2007

The Price Of Misdemeanor Representation, Erica J. Hashimoto

William & Mary Law Review

Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forty years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level …


"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr. Nov 2007

"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr.

William & Mary Law Review

No abstract provided.


Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz Nov 2007

Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz

Faculty Publications

Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature's desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to "beyond all doubt" to convict indigent defendants. The …


The Docket (October 12, 2007), William & Mary Law School Oct 2007

The Docket (October 12, 2007), William & Mary Law School

The Docket

No abstract provided.


Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter Oct 2007

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.


Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Advocate (Vol. 5, Issue 1) Sep 2007

The Advocate (Vol. 5, Issue 1)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


The Docket (August 17, 2007), William & Mary Law School Aug 2007

The Docket (August 17, 2007), William & Mary Law School

The Docket

No abstract provided.


Author Index (V. 48) May 2007

Author Index (V. 48)

William & Mary Law Review

No abstract provided.


Subject Index (V. 48) May 2007

Subject Index (V. 48)

William & Mary Law Review

No abstract provided.


Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith May 2007

Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith

William & Mary Law Review

No abstract provided.


The Administrative Judiciary's Independence Myth, James E. Moliterno Apr 2007

The Administrative Judiciary's Independence Myth, James E. Moliterno

Faculty Publications

No abstract provided.


Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson Apr 2007

Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson

William & Mary Environmental Law and Policy Review

No abstract provided.


The Role Of Moral Philosophers In The Competition Between Deontological And Empirical Desert, Paul H. Robinson Apr 2007

The Role Of Moral Philosophers In The Competition Between Deontological And Empirical Desert, Paul H. Robinson

William & Mary Law Review

No abstract provided.


The Jurisprudence Of Punishment, Kyron Huigens Apr 2007

The Jurisprudence Of Punishment, Kyron Huigens

William & Mary Law Review

No abstract provided.


Legal Work And The Glass Cliff: Evidence That Women Are Preferentially Selected To Lead Problematic Cases, Julie S. Ashby, Michelle K. Ryan, S. Alexander Haslam Apr 2007

Legal Work And The Glass Cliff: Evidence That Women Are Preferentially Selected To Lead Problematic Cases, Julie S. Ashby, Michelle K. Ryan, S. Alexander Haslam

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

Recent archival and experimental research by Ryan and Haslam has revealed the phenomenon of the glass cliff whereby women are more likely than men to be appointed to risky or precarious leadership positions in problematic organizational circumstances. This paper extends research on the glass cliff by examining the precariousness of the cases women are assigned in a legal context. An experimental study conducted with law students (N = 114) investigated the appointment of a candidate to lead a legal case that was defined as either low-risk or high-risk. Commensurate with patterns observed in other domains, results indicated that a male …


All Men Are (Or Should Be) Created Equal: An Argument Against The Use Of The Cultural Defense In A Post-Booker World, Elizabeth Martin Apr 2007

All Men Are (Or Should Be) Created Equal: An Argument Against The Use Of The Cultural Defense In A Post-Booker World, Elizabeth Martin

William & Mary Bill of Rights Journal

No abstract provided.


The Advocate (Vol. 4, Issue 10) Mar 2007

The Advocate (Vol. 4, Issue 10)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan Mar 2007

When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan

William & Mary Law Review

This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of mostly African-American churches on Chicago's West Side. Strikingly, the local police district's commander facilitated the vigil. The Article explains the sociological and political significance of this collaboration by drawing on the "Chicago School" of urban sociology, and demonstrating theoretically and empirically the potential for collaboration, through the integration of key community institutions, …


Terrorism And The New Criminal Process, John T. Parry Feb 2007

Terrorism And The New Criminal Process, John T. Parry

William & Mary Bill of Rights Journal

No abstract provided.


Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin Feb 2007

Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin

William & Mary Bill of Rights Journal

No abstract provided.


Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum Feb 2007

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

William & Mary Bill of Rights Journal

No abstract provided.


Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong Jan 2007

Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong

Faculty Publications

No abstract provided.


Admissions Brochure 2007-2008, William & Mary Law School Jan 2007

Admissions Brochure 2007-2008, William & Mary Law School

Admissions Brochure

No abstract provided.


Report Of William & Mary Marshall-Wythe School Of Law 2006-2007, William & Mary Law School Jan 2007

Report Of William & Mary Marshall-Wythe School Of Law 2006-2007, William & Mary Law School

Annual Report

No abstract provided.


Imposing A Cap On Capital Punishment, Adam M. Gershowitz Jan 2007

Imposing A Cap On Capital Punishment, Adam M. Gershowitz

Faculty Publications

No abstract provided.


Capital Punishment In The United States, And Beyond, Paul Marcus Jan 2007

Capital Punishment In The United States, And Beyond, Paul Marcus

Faculty Publications

This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …