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Articles 1 - 30 of 57
Full-Text Articles in Entire DC Network
Procedurally Criminal: How Peremptory Challenges Create Unfair And Unrepresentative Single-Gender Juries, Chelsea V. King
Procedurally Criminal: How Peremptory Challenges Create Unfair And Unrepresentative Single-Gender Juries, Chelsea V. King
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Suicide In The Name Of Honor: Why And How U.S. Asylum Law Should Be Modified To Allow Greater Acceptance Of Honor-Violence Victims To Prevent “Honor Suicides”, Ayla M. Kremen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction, Linda Jackson
Introduction, Linda Jackson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons
A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Table Of Contents And Masthead (V. 21, No. 1)
Table Of Contents And Masthead (V. 21, No. 1)
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Mail Order Feminism, Marcia Zug
Mail Order Feminism, Marcia Zug
William & Mary Journal of Race, Gender, and Social Justice
This Essay will argue that America’s current marriage crisis is a problem that could be solved by encouraging mail order marriages. Specifically, Part I of this Article will show how the current marriage crisis is the result of an increasing educational gap between American men and women that is leaving less educated men with few marriage prospects. It will further argue that the loss of marriage prospects is concerning both because marriage is often the social institution that supports men as their job prospects falter and because it has the potential to create an angry and dangerous underclass of men …
Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan Macleod Heminway
Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan Macleod Heminway
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir
William & Mary Journal of Race, Gender, and Social Justice
Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …
The New World Of Estate Planning After The 2012 Tax Act 15 (Abbreviated Outline) An Estate Planner's Perspective On Recent Tax Developments: The Year In Review, John B. O'Grady, Howard M. Zaritsky
The New World Of Estate Planning After The 2012 Tax Act 15 (Abbreviated Outline) An Estate Planner's Perspective On Recent Tax Developments: The Year In Review, John B. O'Grady, Howard M. Zaritsky
William & Mary Annual Tax Conference
No abstract provided.
The Trouble With Amicus Facts, Allison Orr Larsen
The Trouble With Amicus Facts, Allison Orr Larsen
Faculty Publications
The number of amicus curiae briefs filed at the Supreme Court is at an all-time high. Most observers, and even some of the Justices, believe that the best of these briefs are filed to supplement the Court’s understanding of facts. Supreme Court decisions quite often turn on generalized facts about the way the world works (Do violent video games harm children? Is a partial birth abortion ever medically necessary?). To answer these questions, the Justices are hungry for more information than the parties and the record can provide. The consensus is that amicus briefs helpfully add factual expertise to the …
How To Make Sense Of Supreme Court Standing Cases – A Plea For The Right Kind Of Realism, Richard H. Fallon Jr.
How To Make Sense Of Supreme Court Standing Cases – A Plea For The Right Kind Of Realism, Richard H. Fallon Jr.
William & Mary Bill of Rights Journal
No abstract provided.
Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay
Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay
William & Mary Bill of Rights Journal
Brewing tensions between state governments and the federal government have reached a boiling point unmatched since the civil rights debates of the 1960s. In light of the rapid expansion of federal power combined with colliding views on various policies, the call for states’ rights has increasingly become a rallying cry for lawmakers that has gained traction with groups on varying points along the political spectrum, as well as a frequent theory employed by the Supreme Court. While the system of federalism created by the Constitution certainly has its unique benefits, and while it is true that the federal government was …
2013-2014 Annual Report, William & Mary Law School
2013-2014 Annual Report, William & Mary Law School
Annual Report
No abstract provided.
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
Faculty Publications
New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …
An Ntsb For Capital Punishment, Adam M. Gershowitz
An Ntsb For Capital Punishment, Adam M. Gershowitz
Faculty Publications
When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …
Future Of The Fourth Amendment: The Problem With Privacy, Poverty And Policing, Kami Chavis Simmons
Future Of The Fourth Amendment: The Problem With Privacy, Poverty And Policing, Kami Chavis Simmons
Faculty Publications
For decades, the reasonable expectation of privacy has been the primary standard by which courts have determined whether a "search" has occurred within the meaning of the Fourth Amendment. The Supreme Court's recent decision in U.S. v. Jones, however, has reinvigorated the physical trespass doctrine's importance when determining whether there has been a "search" triggering constitutional protection. Recognizing the unpredictability of the reasonable expectation of privacy doctrine and that doctrine's bias against the urban poor, many scholars hope that the Jones opinion may ameliorate the class divide that has developed in Fourth Amendment jurisprudence.
This Article argues that while …
Lawyers As Leaders, William & Mary Law School
Lawyers As Leaders, William & Mary Law School
Law School Conferences: Ephemera
Held on September 12, 2014 at William & Mary Law School.
Sponsored by William & Mary Law School:
- Office of the Dean
- Office of Development & Alumni Affairs
- Office of Career Services
- The William & Mary Journal of Women & the Law
- The William & Mary Business Law Review
- William & Mary Women’s Law Society
- William & Mary Business Law Society
- Venture Capital and Entrepreneurship Legal Society (ViCE)
- George Wythe Society
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Health Equity For All: Sexual And Reproductive Health Needs And Access To Health Services For Adolescents 10–17 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner, Ayesha Mago, Sarah Middleton-Lee
Health Equity For All: Sexual And Reproductive Health Needs And Access To Health Services For Adolescents 10–17 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner, Ayesha Mago, Sarah Middleton-Lee
Faculty Publications
No abstract provided.
A New Formalism For Family Law, Rebecca Aviel
A New Formalism For Family Law, Rebecca Aviel
William & Mary Law Review
Family law is simultaneously moving toward and away from formalist decision making. Examining family law across its various component doctrines—custody disputes, child support, jurisdiction, and parentage—reveals these two competing trends. In some of these areas, scholars and lawmakers have recognized that litigating under open-ended, amorphous standards is unpredictable and often painful, with costs that undermine the very purposes served by these legal frameworks; in these areas we are witnessing a turn toward determinate rules over judicial discretion as the preferred means of resolving disputes. In other areas, however, family law is experiencing a trend toward more flexible decision making that …
Table Of Contents (V. 20, No. 3)
Table Of Contents (V. 20, No. 3)
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Sex Reassignment Surgery: Required For Transgendered Prisoners But Forbidden For Medicaid, Medicare, And Champus Beneficiaries, Jennifer L. Casazza
Sex Reassignment Surgery: Required For Transgendered Prisoners But Forbidden For Medicaid, Medicare, And Champus Beneficiaries, Jennifer L. Casazza
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Unwelcome Requirement In Sexual Harassment: Choosing A Perspective And Incorporating The Effect Of Supervisor-Subordinate Relations, Larsa K. Ramsini
The Unwelcome Requirement In Sexual Harassment: Choosing A Perspective And Incorporating The Effect Of Supervisor-Subordinate Relations, Larsa K. Ramsini
William & Mary Law Review
No abstract provided.
Presidential Constitutionalism And Civil Rights, Joseph Landau
Presidential Constitutionalism And Civil Rights, Joseph Landau
William & Mary Law Review
As the judicial and legislative branches have taken a more passive approach to civil rights enforcement, the President’s exercise of independent, extrajudicial constitutional judgment has become increasingly important. Modern U.S. presidents have advanced constitutional interpretations on matters of race, gender, HIV-status, self-incrimination, reproductive liberty, and gun rights, and President Obama has been especially active in promoting the rights of lesbian, gay, bisexual, and transgender (LGBT) persons—most famously by refusing to defend the Defense of Marriage Act (DOMA). Commentators have criticized the President’s refusal to defend DOMA from numerous perspectives but have not considered how the President’s DOMA policy fits within …
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
William & Mary Journal of Race, Gender, and Social Justice
This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and Gonzales v. …
The Fairest Of Them All: The Creative Interests Of Female Fan Fiction Writers And The Fair Use Doctrine, Pamela Kalinowski
The Fairest Of Them All: The Creative Interests Of Female Fan Fiction Writers And The Fair Use Doctrine, Pamela Kalinowski
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Unmuting The Volume: Fisher, Affirmative Action Jurisprudence, And The Legacy Of Racial Silence, Mae Kuykendall, Charles Adside Iii
Unmuting The Volume: Fisher, Affirmative Action Jurisprudence, And The Legacy Of Racial Silence, Mae Kuykendall, Charles Adside Iii
William & Mary Bill of Rights Journal
As typified by its recent decisions in Fisher v. University of Texas at Austin and Shelby County v. Holder, the Supreme Court’s jurisprudence concerning race has long imposed strict judicial oversight over any use of race for the formulation of public policy. This top-down approach has invited various undesirable outcomes, the most pernicious of which are the endorsement of silence on the subject of race and the delegitimizing of most public deliberations about race by non-Court actors. Consequently, speech within universities and other learning environments regarding race has become a psychologically challenging risk for both students and faculty, who justifiably …
Social Framework Studies Such As Women Don’T Ask And It Does Hurt To Ask Show Us The Next Step Toward Achieving Gender Equality—Eliminating The Long-Term Effects Of Implicit Bias—But Are Not Likely To Get Cases Past Summary Judgment, Andrea Doneff
William & Mary Journal of Race, Gender, and Social Justice
Lawyers and judges long have relied on outside evidence—usually studies or empirical research—to help them better understand the impact or meaning of the facts in certain cases. In employment cases, lawyers have used studies that show statistical variance in hiring or promotion between men and women to prove discrimination. They have used studies that talk about implicit bias, the kind of bias that we apply without even knowing we are biased, perhaps the kind of bias we apply even when we are doing our best not to be biased, to understand that comments like “You should go to charm school” …
Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly
Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Eating Hot Peppers To Avoid Hiv/Aids: New Challenges To Failing Abstinence-Only Programs, Erica Woebse
Eating Hot Peppers To Avoid Hiv/Aids: New Challenges To Failing Abstinence-Only Programs, Erica Woebse
William & Mary Journal of Race, Gender, and Social Justice
This Note examines abstinence-only education curricula, including its history, criticisms against it, and the failure of judicial challenges to end its promotion and federal funding. It addresses how abstinence-only education has managed to remain a central means of teaching sexual education, despite its ineffective and controversial nature. Finally, this Note will discuss how abstinence-only education curricula may fall out of favor or be modified with new state and federal requirements that sexual educational curricula be medically accurate. This is demonstrated by the American Academy of Pediatrics v. Clovis Unified School District case in California.