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Articles 1 - 30 of 30
Full-Text Articles in Entire DC Network
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
The Docket (November 30, 2007), William & Mary Law School
The Docket
No abstract provided.
The Advocate (Vol. 5, Issue 5)
The Advocate (Vol. 5, Issue 5)
Student Newspaper (Amicus, Advocate...)
No abstract provided.
The Price Of Misdemeanor Representation, Erica J. Hashimoto
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.
"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
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
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
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
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)
The Advocate (Vol. 5, Issue 1)
Student Newspaper (Amicus, Advocate...)
No abstract provided.
The Docket (August 17, 2007), William & Mary Law School
The Docket (August 17, 2007), William & Mary Law School
The Docket
No abstract provided.
Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith
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
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
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
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
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
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
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)
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
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
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
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
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
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
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
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
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Capital Punishment In The United States, And Beyond, Paul Marcus
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 …