Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (53)
- Law and Gender (14)
- Constitutional Law (13)
- Civil Procedure (8)
- Social and Behavioral Sciences (6)
-
- Civil Rights and Discrimination (5)
- Health Law and Policy (5)
- Law Enforcement and Corrections (5)
- Medicine and Health Sciences (4)
- Business (3)
- Criminal Law (3)
- Criminal Procedure (3)
- Family Law (3)
- Juvenile Law (3)
- Labor and Employment Law (3)
- Public Health (3)
- Supreme Court of the United States (3)
- American Politics (2)
- Arts and Humanities (2)
- Business Organizations Law (2)
- Comparative and Foreign Law (2)
- Courts (2)
- Education Law (2)
- Fourth Amendment (2)
- Human Rights Law (2)
- International Law (2)
- Legal Remedies (2)
- Political Science (2)
- Sexuality and the Law (2)
- State and Local Government Law (2)
- Keyword
-
- Juries (7)
- Women (6)
- Civil Law (2)
- Civil Rights (2)
- Constitutional Law (2)
-
- Damages (2)
- Democracy (2)
- Domestic Violence (2)
- Group Decision Making (2)
- Law Enforcement (2)
- Police (2)
- Police Misconduct (2)
- Police Reform (2)
- Same-Sex Marriage (2)
- United States Constitution 4th Amendment (2)
- United States Supreme Court (2)
- W&M Faculty (2)
- Abortion Services (1)
- Administration of Criminal Justice (1)
- Affirmative Action (1)
- Afghanistan (1)
- Agriculture (1)
- Assets (1)
- Board of Directors (1)
- California (1)
- Capital Punishment (1)
- Carbon Offsets (1)
- Cesarean Section (1)
- Child Custody (1)
- Child Prostitution (1)
- Publication
- Publication Type
Articles 31 - 57 of 57
Full-Text Articles in Entire DC Network
Major League Baseball And The Green Revolution: A Market-Based Approach To Maintaining Competitive Balance In The Face Of Environmental Regulations, John Loughney
William & Mary Environmental Law and Policy Review
No abstract provided.
Kickstarter My Heart: Extraordinary Popular Delusions And The Madness Of Crowdfunding Constraints And Bitcoin Bubbles, David Groshoff
Kickstarter My Heart: Extraordinary Popular Delusions And The Madness Of Crowdfunding Constraints And Bitcoin Bubbles, David Groshoff
William & Mary Business Law Review
This Article builds on my existing research program that (a) broadly seeks to analyze laws, regulations, instruments, and policy levers that inhibit a market’s ability to recognize an asset’s intrinsic value, whether in terms of financial, social, or human capital, and (b) explores and advances interdisciplinary corporate governance theories by employing a heterodox economic analytic to derive its proposal to the paradox of an unregulated virtual currency market (Bitcoins) and an overly regulated crowdfunding market (Kickstarter).
The Article functions not only as an homage to Charles MacKay’s legendary 1841 book, Extraordinary Popular Delusions and the Madness of Crowds, which described …
Mental Illness And Danger To Self, Cynthia V. Ward
Mental Illness And Danger To Self, Cynthia V. Ward
Faculty Publications
No abstract provided.
Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred
Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred
William & Mary Law Review
Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic defendants. Yet …
The Jury And Participatory Democracy, Alexandra D. Lahav
The Jury And Participatory Democracy, Alexandra D. Lahav
William & Mary Law Review
No abstract provided.
Introduction: The Civil Jury As A Political Institution, Jason M. Solomon, Paula Hannaford-Agor
Introduction: The Civil Jury As A Political Institution, Jason M. Solomon, Paula Hannaford-Agor
William & Mary Law Review
No abstract provided.
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
William & Mary Bill of Rights Journal
During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
William & Mary Law Review
No abstract provided.
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
William & Mary Law Review
This Essay argues that because jurors exercise state authority with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties—those of loyalty and care—therefore provide useful benchmarks for evaluating and guiding jurors in their decisionmaking role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of what we know about …
Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut
Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut
William & Mary Law Review
No abstract provided.
Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy
Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy
William & Mary Law Review
“Experts” appear in the modern American courtroom on the jury as well as in the witness box, posing a dilemma for the legal system by offering a potentially valuable resource and an uncontrolled source of influence. Courts give ambiguous guidance to jurors on how they should handle their expertise in the deliberation room. On the one hand, jurors are told that they should “decide what the facts are from the evidence presented here in court.” By direct implication, then, jurors should not use outside information to evaluate the evidence. Jurors are also told, however, that they should “consider all of …
Second-Order Diversity Revisited, Jeffrey Abramson
Second-Order Diversity Revisited, Jeffrey Abramson
William & Mary Law Review
No abstract provided.
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
William & Mary Law Review
No abstract provided.
Marriage Equality In State And Nation, Anthony Michael Kreis
Marriage Equality In State And Nation, Anthony Michael Kreis
William & Mary Bill of Rights Journal
No abstract provided.
A Corporation Has No Soul — The Business Entity Law Response To Challenges To The Ppaca Contraceptive Mandate, Thomas E. Rutledge
A Corporation Has No Soul — The Business Entity Law Response To Challenges To The Ppaca Contraceptive Mandate, Thomas E. Rutledge
William & Mary Business Law Review
The most contentious matter in the implementation of the Patient Protection and Affordable Care Act is not one of health care, but rather one of the law of business organizations. Numerous for-profit business organizations have challenged the portion of the PPACA and its related regulations requiring that group health insurance plans provide, on a no-cost sharing basis, coverage for a variety of procedures and prescription medicines involving contraception and what some describe as “abortificants.” In these suits, the various business ventures and their owners assert that they should be exempt from the requirement of the mandate on the basis that, …
The Impossible, Highly Desired Islamic Bank, Haider Ala Hamoudi
The Impossible, Highly Desired Islamic Bank, Haider Ala Hamoudi
William & Mary Business Law Review
The purpose of this Article is to explore, and explain the stubborn persistence of, a central paradox that is endemic to the retail Islamic bank as it operates in the United States. The paradox is that retail Islamic banking in the United States is impossible, and yet it remains highly desired. It is impossible because central features of modern banking regulation conflict with fundamental aspects of shari’a as it is understood in modernity in the context of finance. It is unimaginable that regulators will create exceptions to, or somehow significantly amend, the modern financial regulatory system in the radical fashion …
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
Popular Media
No abstract provided.
A Woman Soldier's Right To Combat: Equal Protection In The Military, Tim Bakken
A Woman Soldier's Right To Combat: Equal Protection In The Military, Tim Bakken
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Challenging Hospital Vbac Bans Through Tort Liability, L. Indra Lusero
Challenging Hospital Vbac Bans Through Tort Liability, L. Indra Lusero
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Prostitutes, Orphans, And Entrepreneurs: The Effect Of Public Perceptions Of Ghana's Girl Child Kayayei On Public Policy, Sheryl Buske
Prostitutes, Orphans, And Entrepreneurs: The Effect Of Public Perceptions Of Ghana's Girl Child Kayayei On Public Policy, Sheryl Buske
William & Mary Journal of Race, Gender, and Social Justice
For a variety of reasons, including the growing disparity in resources and opportunities between Ghana’s mostly rural North and its urban South, the numbers and patterns of internal migration have changed dramatically over the last twenty years. Historically the province of men, and later women on a temporary basis that was tied to the rainy seasons, young girls between ten and sixteen years of age now make up the majority of the North-South migrants.
The lives of these girl migrants, who live and work in Ghana’s markets as porters, known locally as kayayoo, are complex and multifaceted. They endure …
Protecting The Living Victims: Evaluating The Impact Of India's Farmer Suicide Crisis On Its Rural Women, Gowri Janakiramanan
Protecting The Living Victims: Evaluating The Impact Of India's Farmer Suicide Crisis On Its Rural Women, Gowri Janakiramanan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Financial Freedom: Women, Money, And Domestic Abuse, Dana Harrington Conner
Financial Freedom: Women, Money, And Domestic Abuse, Dana Harrington Conner
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
We'll Always Have Shady Pines: Surrogate Decision-Making Tools For Preserving Sexual Autonomy In Elderly Nursing Home Residents, Elizabeth Hill
We'll Always Have Shady Pines: Surrogate Decision-Making Tools For Preserving Sexual Autonomy In Elderly Nursing Home Residents, Elizabeth Hill
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
In Defense Of Surrogacy Agreements: A Modern Contract Law Perceptive, Yehezkel Margalit
In Defense Of Surrogacy Agreements: A Modern Contract Law Perceptive, Yehezkel Margalit
William & Mary Journal of Race, Gender, and Social Justice
The American public’s attention was first exposed to the practice of surrogacy in 1988 with the drama and verdict of the Baby M case. Over the last twenty-five years, the practice of surrogacy has slowly become increasingly socially accepted, and even welcomed. This evolution serves to emphasize the bizarre judicial and legislative silence regarding surrogacy that exists today in the vast majority of U.S. jurisdictions. In this Article, I describe and trace the dramatic revolution that took place during the recent decades, as the surrogacy practice has drastically changed from one viewed as problematic and rejected to a socially widespread …
The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, János Fiala-Butora, Michael Ashley Stein, Janet E. Lord
The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, János Fiala-Butora, Michael Ashley Stein, Janet E. Lord
Faculty Publications
This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection.
The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of voting-capable individuals. Since all those affected are persons …
Jailing Black Babies, James G. Dwyer
The Coming Crisis In Law Enforcement And How Federal Intervention Could Promote Police Accountability In A Post-Ferguson United States, Kami Chavis Simmons
The Coming Crisis In Law Enforcement And How Federal Intervention Could Promote Police Accountability In A Post-Ferguson United States, Kami Chavis Simmons
Faculty Publications
The proliferation of aggressive, and sometimes militarized, police tactics represents the "coming crisis" in law enforcement, although many residents of [inner city] communities might argue that the crisis arrived long ago. Even more disturbing is that these heavy-handed police strategies are employed almost exclusively against racial and ethnic minorities.
This Essay argues that in order to alleviate racial bias in policing and gain the trust and legitimacy of police officers in racially and ethnically diverse communities, local police departments must not only ensure that they are hiring police officers capable of implementing community policing, but must also focus on institutional …