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Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Is Punishment Relevant After All? A Prescription For Informing Juries Of The Consequence Of Conviction, Jeffrey Bellin

Faculty Publications

The American jury, once heralded as “the great corrective of law in its actual administration,” has suffered numerous setbacks in the modern era. As a result, jurors have largely become bystanders in a criminal justice system that relies on increasingly severe punishments to incarcerate tens of thousands of offenders each year. The overwhelming majority of cases are resolved short of trial and, even when trials occur, jurors are instructed to find only the facts necessary for legal guilt. Apart from this narrow task, jurors need not, in the eyes of the law, concern themselves with whether a conviction and subsequent …

The Melendez-Diaz Dilemma: Virginia's Response, A Model To Follow, Anne Hampton Andrews

William & Mary Bill of Rights Journal

No abstract provided.

Faulty Foundations: How The False Analogy To Routine Fingerprinting Undermines The Argument For Arrestee Dna Sampling, Corey Preston

William & Mary Bill of Rights Journal

No abstract provided.

Not Wythe Standing: The News (Vol. 2, Issue 2)

Student Newspaper (Amicus, Advocate...)

No abstract provided.

Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele

William & Mary Law Review

Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally deficient prison conditions led a federal court to order the release of 40,000 state prisoners. In Oregon, Michigan, Connecticut, Vermont, and Delaware, spending on corrections now exceeds spending on higher education. Across the nation, more than one of every one hundred Americans is behind bars. When the financial crisis of 2008 dealt its blow, state correctional budgets were already nearing a breaking point. Now, in the wake of unprecedented budget shortfalls, state governments have been forced to confront a difficult …

Reconceptualizing The Fifth Amendment Prohibition Of Adverse Comment On Criminal Defendants' Trial Sentence, Jeffrey Bellin

Faculty Publications

Griffin v. California holds that the Fifth Amendment privilege against compelled self-incrimination prohibits a prosecutor from arguing that a defendant’s failure to testify supports an inference of guilt. In the four decades since Griffin was decided, Griffin’s doctrinal underpinnings have been strongly criticized by prominent jurists and commentators, and even Griffin’s contemporary defenders struggle to place the constitutional prohibition of adverse comment on defendant silence within a coherent doctrinal framework.

In light of these largely unanswered criticisms, this Article posits that the current Fifth Amendment-based prohibition of adverse comment is untenable and must be recast in a more narrowly tailored …

When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee

William & Mary Environmental Law and Policy Review

No abstract provided.

A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath

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

No abstract provided.

The Docket (October 15, 2010), William & Mary Law School

The Docket

No abstract provided.

A Distributive Theory Of Criminal Law, Aya Gruber

William & Mary Law Review

In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishment―retributivism and utilitarianism. The multitude of moral claims about punishment may thus be reduced to two propositions: (1) punishment should be imposed because defendants deserve it, and (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in …

Protecting The Homeless Under Vulnerable Victim Sentencing Guidelines: An Alternative To Inclusion In Hate Crime Laws, Katherine B. O'Keefe

William & Mary Law Review

No abstract provided.

The Docket (October 1, 2010), William & Mary Law School

The Docket

No abstract provided.

Protecting Victims From Themselves, But Not Necessarily From Abusers: Issuing A No-Contact Order Over The Objection Of The Victim-Spouse, Robert F. Friedman

William & Mary Bill of Rights Journal

No abstract provided.

What Is Civil Justice, Jason M. Solomon

Faculty Publications

This Article first explores the meaning of the term “civil justice” as it is used in both academic and popular discourse. It then examines the idea of civil justice by looking at three key examples: (1) the U.S. tort system (specifically governing auto accidents); (2) the no-fault regimes of New Zealand, U.S. workers’ compensation, and the 9/11 Victim Compensation Fund; and (3) the phenomenon of apologies, instead of compensation, as remedies in medical malpractice cases. The Article concludes that an important component of civil justice is the ability of a person to hold accountable one who has wronged her.

2010-2011 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Docket (September 17, 2010), William & Mary Law School

The Docket

No abstract provided.

When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs

Popular Media

Fact-finding at the international tribunals is not as precise as we think. Nancy Combs, Professor of Law at William and Mary Law School, explores this in her new book 'Fact-finding without facts: the uncertain evidentiary foundations of international criminal convictions'.

Fact-Finding Without Facts, Nancy Amoury Combs

Popular Media

No abstract provided.

Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins

Faculty Publications

Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true of swing Justices, who often cast the critical votes in the Court’s most visible decisions. In this Article, we will explain why we think this is so and, in so doing, challenge both the dominant political science models of judicial behavior and the significant work of Barry Friedman, Jeffrey Rosen, and others who link Supreme Court decision making to public opinion.

Finding Data And Statistics On Judges, Leslie A. Street

Library Staff Publications

No abstract provided.

Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear

William & Mary Law Review

American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and …

Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz

Faculty Publications

No abstract provided.

The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton

William & Mary Bill of Rights Journal

No abstract provided.

The Docket (April 23, 2010), William & Mary Law School

The Docket

No abstract provided.

Corporate Governance In The Courtroom: An Empirical Analysis, Jessica Erickson

William & Mary Law Review

Conventional wisdom is that shareholder derivative suits are dead. Yet this death knell is decidedly premature. The current conception of shareholder derivative suits is based on an empirical record limited to suits filed in Delaware or on behalf of Delaware corporations, leaving suits outside this sphere in the shadows of corporate law scholarship. This Article aims to fill this gap by presenting the first empirical examination of shareholder derivative suits in the federal courts. Using an original, hand-collected data set, my study reveals that shareholder derivative suits are far from dead. Shareholders file more shareholder derivative suits than securities class …

Pc Pets For A Price: Combating Online And Traditional Wildlife Crime Through International Harmonization And Authoritative Policies, Jessica B. Izzo

William & Mary Environmental Law and Policy Review

No abstract provided.

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye

Faculty Publications

No abstract provided.

The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams

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

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity — a dominant form of masculinity whereby some types of men have power over women and over some other men — can directly cause violence against women and reveals both an underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …